CHAPTER 16
GARBAGE AND WASTE*

Sections:

ARTICLE I. IN GENERAL

16.1    Definitions.

16.2    Burying, dumping, etc., prohibited.

16.3    Illegal accumulations.

16.4    Burning.

16.5    Collection and removal generally.

16.6    Collection contract or license.

16.7    Frequency of collections.

16.8    Charges for collection of garbage and waste matter.

16.9    (Repealed.)

16.10    Billing for collection charges.

16.11    Credit for portion of month collection; disposition of moneys collected; cancelling or adjusting charges; appeals; permitting licensed collector to make collections upon dissatisfaction with contractor’s services.

16.12    Liability for fees.

16.13    Transportation along streets.

16.14    Piling of brush, tree, etc., trimmings and stumps.

16.15    Placing of ashes for collection.

16.16    Disposal of articles from infected premises.

ARTICLE II. RECEPTACLES

16.17    Generally.

16.18    Location.

16.19    Unauthorized removal or interference with.

16.20    Not to be used for inflammables or explosives.

16.21    To be kept clean and sanitary.

16.22    Covering of garbage receptacles; wrapping garbage.

ARTICLE III. SINGLE-USE PLASTIC CARRYOUT BAGS

16.31    Definitions.

16.32    Single-use plastic carryout bags prohibited.

16.33    Permitted bags.

16.34    Regulation of recyclable paper carryout bags.

16.35    Use of reusable bags.

16.36    Exemptions.

16.37    Operative date.

16.38    Enforcement and violation—Penalty.

16.39    Severability.

ARTICLE IV. EXPANDED POLYSTYRENE DISPOSABLE FOOD SERVICE WARE BAN

16.40    Purpose.

16.41    Definitions.

16.42    Prohibition of expanded polystyrene food service ware.

16.43    Exceptions.

16.44    Enforcement.

16.45    Violations.

16.46    Effective date.

16.47    No conflict with federal or state law.

*    For state law as to garbage and refuse disposal generally, see H. & S.C., §§ 4100 to 4485. For state law as to abatement of weeds, refuse and rubbish, see Gov. C., §§ 39500 to 39587.

As to license fee for vehicles used for collecting rubbish, etc., see § 18.27 of this Code. As to deposit of trash in parks, see § 21.17.

ARTICLE I. IN GENERAL

16.1 Definitions.

The following words and phrases, wherever used in this chapter, shall be construed as follows:

Combustible waste matter. The term “combustible waste matter” shall include and mean newspapers, magazines, books, clothes, shoes, hats, trimmings from lawns, trees, shrubs and flower gardens, pasteboard boxes, rags, paper, straw, sawdust, packing material shavings, wooden boxes and objects and all rubbish and refuse that will incinerate at one thousand four hundred to one thousand five hundred degrees Fahrenheit, except animal carcasses. No person shall place any such carcasses in any combustible waste matter receptacle.

Contractor. The word “contractor” shall be construed to mean the person to whom the city council shall have awarded a contract, or shall have been otherwise authorized to receive, collect, carry, haul, transport and dispose of any and all garbage and waste matter within the city.

Garbage. The word “garbage” shall include and mean household refuse and leavings, offal, swill and any accumulation of animal and vegetable and other matter that attends the preparation, consumption, decay or dealing in or storage of meat, fish, fowl, birds, fruits and vegetables. “Garbage” does not include waste matter as defined in this section. Animal carcasses shall not be included in this definition and shall not be deposited in any garbage receptacle, except carcasses of animals eaten on the premises.

Noncombustible household refuse. The term “noncombustible household refuse” shall mean and include bottles, cans, jars, crockery and similar noncombustibles which shall accumulate from general household usage and which have contained, or are designed to contain food. It shall not include unusually large or weighty items.

Noncombustible waste matter. The term “noncombustible waste matter” shall include and mean glass, broken brick, metal containers, plaster, crockery, stones, ashes, auto parts, cans or bottles, except those cans or bottles which have contained food, as defined above, and all rubbish, refuse and waste matter that will not incinerate through flames of fourteen hundred to fifteen hundred degrees Fahrenheit. The term shall not include items which, in the discretion of the city manager, are unusually large or weighty.

Street. The word “street” shall include all streets, highways, avenues, lanes, alleys, courts, places, squares, and other public ways in the city.

Waste matter. The term “waste matter” shall include combustible and noncombustible waste matter and noncombustible household refuse as defined in this section. (Ord. No. 1216, § 1: Ord. No. 1382, §§ 2, 3.)

16.2 Burying, dumping, etc., prohibited.

It shall be unlawful for any person to bury on any lot, land or public way within the city any garbage or waste matter. It shall be unlawful for any person to dump or place any garbage or waste matter on any public way or on any lot or land not owned or leased by such person. This section shall not apply to land used by the city for a collection or disposal site.

It shall be unlawful for any person to dump or spread garbage on the surface of the ground for drying, composting or mulching. (Ord. No. 1216, § 2.)

16.3 Illegal accumulations.

It shall be unlawful for any person owning or occupying any building, lot or premises in the city to allow garbage or waste matter to collect except in receptacles of the type specified in this chapter. This provision shall not apply to waste matter of building operations during the course of construction and within a reasonable time thereafter, or to wood neatly piled for kitchen or household use. (Ord. No. 1216, § 3.)

16.4 Burning.*

It shall be unlawful for any person at any time to burn garbage within the city.

It shall likewise be unlawful for any person to burn waste matter within the city except as permitted by ordinance, the fire chief or the rules and regulations of the air pollution control board.

No waste matter shall be burned which shall, in burning, emit a dense or offensive smoke or odor. (Ord. No. 1216, § 4.)

*    For state law as to burning garbage, see H. & S.C.A., §§ 4300 to 4302.
As to burning of bones, feathers, etc., see § 20.5 of this Code.

16.5 Collection and removal generally.

The city reserves unto itself or its contractor the exclusive right to collect, transport and dispose of, or cause to be collected, transported and disposed of, all garbage and waste matter produced or found within the corporate limits of the city, and it is hereby declared to be unlawful for any person, except as in this chapter provided, to collect, transport or dispose of any garbage or waste matter produced or found within the city.

The collection, removal and disposal of all garbage and waste matter shall be performed exclusively by the city or its contractor under the supervision of the city manager; provided, however, that persons engaging in the business of gardening or tree trimming or tree removal shall, within twenty-four hours from the completion of the job, be permitted to remove and dispose of the garden and tree trimmings which form the immediate by-product of their operations; and provided further, that any person is hereby permitted to collect, transport and dispose of building material residue resulting from structural work under a proper building permit issued by the city. (Ord. No. 1216, § 8; Ord. No. 1777, § 1.)

16.6 Collection contract or license.*

The city council may enter into contracts, agreements or licenses with any person for the removal of garbage or waste matter or both. The council, in the exercise of its discretion, hereby determines that it will not be necessary, before entering into such contracts, agreements or licenses to ask for bids. However, each person to whom such a contract, agreement or license is awarded shall file a bond in a sum and form satisfactory to the city council conditioned on the faithful performance of the duties imposed by this chapter or any amendment thereof and by the terms of the contract, agreement or license. (Ord. No. 1216, § 8.)

*    For state law authorizing cities to enter into garbage and refuse disposal contracts, see H. & S.C.A., § 4250.

16.7 Frequency of collections.

The city manager may make such regulations concerning the number of collections and removal of garbage and waste matter as may be necessary to carry out the provisions of this chapter. In no case shall collections be less often than once a week for garbage and waste matter. Extra collections or collections of excessive amounts of garbage or waste matter shall be at a charge agreed upon by the producer and contractor. (Ord. No. 1328, § 1.)

16.8 Charges for collection of garbage and waste matter.

(a)    The collection of garbage and waste matter is a compulsory service rendered to the citizens of the city and the cost of regular collections of same shall be determined in accordance with the contract in effect at that time between the city and the contractor.

(b)    For extra collections or for collections of excessive amounts of garbage and waste matter or from locations other than those specified, the cost of same shall be as agreed upon between the producer and contractor subject to the approval of the city manager as provided in Section 16.11 hereof. (Ord. No. 1328, § 1; Ord. No. 1777, § 2.)

16.9 (Repealed.)

16.10 Billing for collection charges.

Bills for water service shall be the medium for billing and collecting the regular garbage and waste matter collection charges. When any water bill is rendered for a particular location and there appears thereon a charge for garbage or waste matter collection, the total sum shown on the bill shall be paid as a unit and all the provisions of Chapter 35 of this Code pertaining to the collection of fees for water service shall apply to the total amount shown on the bill for these items. Every person producing garbage and waste matter for which the collection charge is not paid by a landlord or some other person, and whose name does not appear on the water accounts of the city, shall, before collections are started, deposit with the director of finance an amount equal to twice the minimum monthly waste collection charge established for the type of collection services rendered or made available. In the event a person who, having made such a deposit, ceases to be obligated to pay such a collection charge, a pro rata refund of the unused portion of such deposit shall be made by the director of finance upon receipt of a validly based claim for said refund. (Ord. No. 1328, § 1.)

16.11 Credit for portion of month collection; disposition of moneys collected; cancelling or adjusting charges; appeals; permitting licensed collector to make collections upon dissatisfaction with contractor’s services.

No credit shall be allowed for a portion of a month’s service in collecting garbage and waste matter. The director of finance shall be responsible for all moneys collected, shall deposit the same in the general fund of the city and shall keep accurate records showing service and collections at each location.

Waiver. Waiver of refuse collection charges may be granted by the director of public works only for premises on which there is new construction, or remodeling so extensive that the premises are not occupied, and provided the property owner first files a written request therefor. The director must find that the premises are unoccupied and that no collection is required. He or she shall immediately notify the director of finance of such fact, who shall forthwith cancel all such charges as provided for in the waiver. (Ord. No. 1328, § 1; Ord. No. 1777, § 3.)

16.12 Liability for fees.

The city council hereby finds that the regular periodic collection of refuse from all units in the city benefits all occupants or owners, as the case may be, of said places and premises in the city and therefore all occupants or owners, as the case may be, of said places are made liable for the refuse collection fees prescribed in this article, except as otherwise provided herein. The failure or refusal of any occupant or owner, as the case may be, of any unit to allow city collection of refuse to be effected from any family residential unit shall not relieve such occupant or owner from liability for payment of such service. (Ord. No. 1777, § 4.)

16.13 Transportation along streets.

No person shall remove or transport, or cause to be removed or transported, any garbage or waste matter upon or along any public street or way or other public place in the city; provided, however, that the provisions of this section shall not apply to any person in the employ of the city who shall be assigned by the city manager to such removal, or to any person with whom the city has entered into a contract for the collection, removal or transportation or purchase of garbage or waste matter, or to any employee of such contractor during such time as such contract shall be in force, or to any person conveying through the city garbage or waste matter collected outside the city. (Ord. No. 1216, § 8.)

16.14 Piling of brush, tree, etc., trimmings and stumps.

Brush, tree and garden trimmings and stumps may be kept in a pile for collection. No item of the pile shall exceed four inches in diameter or three feet in length or weigh more than eighty pounds. (Ord. No. 1216, § 7.)

16.15 Placing of ashes for collection.

All ashes, when placed for collection, shall be cold and free from fire, live coals or other substances which might ignite. (Ord. No. 1216, § 7.)

16.16 Disposal of articles from infected premises.

Wearing apparel, bedding and other articles from any home or place where an infectious or contagious disease has prevailed shall not be placed in a garbage or waste matter receptacle or otherwise disposed of except under the direction of the health officer. (Ord. No. 1216, § 7.)

ARTICLE II. RECEPTACLES*

*    As to garbage cans in auto trailer camps, see § 6.33 of this Code. As to containers for garbage and waste in private institutions, see § 24.17.

16.17 Generally.

Every owner, tenant or occupant of any premises where garbage is created shall provide upon such premises one or more galvanized metal garbage receptacles, provided with outside handles and with tight-fitting galvanized metal covers for receiving and holding all garbage created upon such premises between the times of collection. Each receptacle at places other than an industrial establishment shall have a capacity of not less than five nor more than fifteen gallons. No garbage receptacle shall be required where a garbage disposal has been installed on the premises under a permit obtained from the building department and approved by the city manager.

Every owner, tenant or occupant of any premises where waste matter is created shall provide, in addition to garbage receptacles, one or more receptacles, each of a capacity of not more than forty-five gallons or which will weigh, when filled, not to exceed eighty pounds, for receiving and holding all waste matter created upon such premises between the times of collection.

All containers shall be maintained in good condition and repair. Any container which does not conform to the provisions of this article or which may have ragged or sharp edges, or any other defect liable to hamper or injure the person collecting the contents thereof, shall be promptly replaced by the owner upon written notice mailed from the office of the city manager. (Ord. No. 1328, § 1.)

16.18 Location.

All receptacles shall at all times be located in a readily accessible backyard location and as close as possible to the driveway, street or walk available to the collector’s cart.

Containers should be located where a man can handle them easily and should at no time be more than 10 feet from the cart when collecting. (Ord. No. 1328, § 1.)

16.19 Unauthorized removal or interference with.

No person other than the owner thereof or any officer or employee of the city or the contractor shall move, remove or interfere with any garbage or waste matter receptacle or the contents thereof. (Ord. No. 1216, § 5.)

16.20 Not to be used for inflammables or explosives.

Highly inflammable or explosive materials shall not be placed in receptacles provided for in this article at any time, but shall be disposed of as directed by the chief of the fire department at the expense of the owner or possessor thereof. (Ord. No. 1216, § 5.)

16.21 To be kept clean and sanitary.

All receptacles provided for in this article shall be kept in a clean and sanitary condition by the owner or tenant using the same. After the receptacle has been emptied and cleaned, but before it is again used, the lid may be removed to allow airing and drying, if all food particles have been removed in the cleaning process. (Ord. No. 1216, § 6.)

16.22 Covering of garbage receptacles; wrapping garbage.

All garbage receptacles shall be kept tightly covered at all times, except when garbage is being deposited therein or removed therefrom, and the owner shall at no time allow access to the contents by flies, rats or other insects or animals. All garbage placed therein shall first be wrapped in newspaper. (Ord. No. 1328, § 1.)

ARTICLE III. SINGLE-USE PLASTIC CARRYOUT BAGS

16.31 Definitions.

For purposes of this article, the following definitions shall apply:

(a)    “Customer” means any person purchasing goods from a store.

(b)    “Operator” means the person in control of, or having the responsibility for, the operation of a store, which may include, but is not limited to, the owner of the store.

(c)    “Person” means any natural person, firm, corporation, partnership, or other organization or group however organized.

(d)    “City sponsored event” means any event organized or sponsored by the city of South Pasadena or any department of the city of South Pasadena.

(e)    “Farmers’ market” means a market where farmers who grow produce sell their fruits and vegetables directly to the public.

(f)    “Single-use plastic carryout bag” means any bag with handles, made predominantly of plastic derived from either petroleum or a biologically-based source, such as corn or other plant sources, which is provided to a customer at the point of sale. “Single-use plastic carryout bag” includes compostable and biodegradable bags but does not include reusable bags, produce bags, or product bags.

(g)    “Post-consumer recycled material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. “Post-consumer recycled material” does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.

(h)    “Produce bag” or “product bag” means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items.

(i)    “Recyclable” means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. “Recycling” does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.

(j)    “Recyclable paper carryout bag” means a paper bag that meets all of the following requirements: (1) contains no old growth fiber; (2) is one hundred percent recyclable overall and contains a minimum of forty percent post-consumer recycled material; (3) is capable of composting, consistent with the timeline and specifications of the ASTM International (www.astm.org) Standard D6400; (4) is accepted for recycling in curbside programs in the city; (5) has printed on the bag the name of the manufacturer, the location (country) where the bag was manufactured, and the percentage of post-consumer recycled material used; and (6) displays the word “Recyclable” in a highly visible manner on the outside of the bag.

(k)    “Reusable bag” means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of one hundred twenty-five uses, which for purposes of this subsection, means the capability of carrying a minimum of twenty-two pounds one hundred twenty-five times over a distance of at least one hundred seventy-five feet; (2) has a minimum volume of fifteen liters; (3) is machine washable or is made from a material that can be cleaned or disinfected; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts; (5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the location (country) where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of post-consumer recycled material used, if any; and (6) if made of plastic, is a minimum of at least 2.25 mils thick.

(l)    “Store” means any of the following retail establishments located within the city:

(1)    A full-line, self-service retail store with gross annual sales of two million dollars, or more, that sells a line of dry grocery, canned goods, or nonfood items and some perishable items;

(2)    A store of at least ten thousand square feet of retail space that generates sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code; or

(3)    A drug store, pharmacy, supermarket, grocery store, convenience food store, foodmart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control. (Ord. No. 2269, § 2, 2014.)

16.32 Single-use plastic carryout bags prohibited.

(a)    No store shall provide to any customer a plastic carryout bag.

(b)    No farmers’ market fresh fruit or produce vendor shall provide to any customer a plastic carryout bag. This ordinance does not apply to farmers’ market vendors of prepared food.

(c)    This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to produce bags or product bags.

(d)    No person or store shall distribute plastic carryout bags at any city facility, any event held on city property, or at any city sponsored event, unless an exemption is approved pursuant to SPMC Section 16.36. (Ord. No. 2269, § 2, 2014.)

16.33 Permitted bags.

All stores shall provide or make available to a customer only recyclable paper carryout bags or reusable bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this article. Nothing in this article prohibits customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. (Ord. No. 2269, § 2, 2014.)

16.34 Regulation of recyclable paper carryout bags.

(a)    Any store that provides a recyclable paper carryout bag to a customer must charge the customer ten cents for each bag provided, except as otherwise provided in this article.

(b)    No store shall rebate or otherwise reimburse a customer any portion of the ten cent charge required in subsection (a), except as otherwise provided in this article.

(c)    All stores must indicate on the customer receipt the number of recyclable paper carryout bags provided and the total amount charged for the bags.

(d)    All monies collected by a store under this article will be retained by the store and may be used only for any of the following purposes: (1) costs associated with complying with the requirements of this article; (2) actual costs of providing recyclable paper carryout bags; or (3) costs associated with a store’s educational materials or education campaign encouraging the use of reusable bags, if any.

(e)    All stores must keep records of the total number of recyclable paper carryout bags provided, the total amount of monies collected for providing recyclable paper carryout bags, and a summary of any efforts a store has undertaken to promote the use of reusable bags by customers in the prior year. Such records must be made available for the city to review at any time.

(f)    If the reporting required in subsection (e) is not timely submitted by a store, such store shall be subject to the fines set forth in Section 16.38. (Ord. No. 2269, § 2, 2014.)

16.35 Use of reusable bags.

(a)    All stores must provide reusable bags to customers, either for sale or at no charge.

(b)    Each store is strongly encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags. (Ord. No. 2269, § 2, 2014.)

16.36 Exemptions.

(a)    Recyclable paper carryout bags may be distributed to customers free of charge at farmers’ markets.

(b)    Recyclable paper carryout bags may be distributed to customers free of charge at any city facility, any event held on city property, or at any city sponsored event.

(c)    All stores must provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags or both, at the store’s option, to any customer participating either in the California Special Supplemental 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 or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code.

(d)    All stores required to provide plastic carryout bags as a condition of use or as required to abate a nuisance, whether such condition is imposed by the city, a court of law, and/or any other regulatory entity, shall not be in violation of this article during the time such condition is in effect.

(e)    Notwithstanding the prohibitions contained in Section 16.32:

(1)    The city manager or designee may issue an exemption from the requirements of this article for a limited period upon a showing that enforcement of the ordinance would cause undue hardship upon the applicant.

(2)    An exemption application shall include all information necessary for the city to make its decision, including, but not limited to, documentation showing factual support for the claimed exemption. The city manager or designee may require the applicant to provide additional information to permit the city to determine facts regarding the exemption application. (Ord. No. 2269, § 2, 2014.)

16.37 Operative date.

This article shall become operative four months from the date this article first becomes effective, for farmers’ markets and stores defined in subsections (l)(1) and (l)(2) of Section 16.31. For stores defined in subsection (l)(3) of Section 16.31, this article shall become operative six months from the date this article first becomes effective. (Ord. No. 2269, § 2, 2014.)

16.38 Enforcement and violation—Penalty.

(a)    It shall be unlawful for any person to violate the provisions of this article. A violation of this article shall be punishable under the administrative citation procedures set forth in Chapter 1A. The fine imposed for a particular violation shall be in the amount set forth in the administrative citation schedule established by resolution of the city council pursuant to Section 1A.6. The city manager or designee has primary responsibility for enforcement of this article.

(b)    All fines collected pursuant to this article shall be deposited in the General Fund to assist the city with its costs of implementing and enforcing the requirements of this article. (Ord. No. 2269, § 2, 2014.)

16.39 Severability.

If any section, subsection, sentence, clause, or phrase of this article, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining portions of this article, or its application to any other persons or circumstance. The city council of the city of South Pasadena hereby declares that it would have adopted the ordinance codified in this article and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this article would be subsequently declared invalid. (Ord. No. 2269, § 2, 2014.)

ARTICLE IV. EXPANDED POLYSTYRENE DISPOSABLE FOOD SERVICE WARE BAN

16.40 Purpose.

The purpose of this chapter is to establish standards and procedures for environmental waste and litter reduction measures, and promote environmentally sustainable practices throughout the city by prohibiting the use and sale of expanded polystyrene food service ware by food providers within the city and in city facilities, city-managed concessions, city-sponsored or co-sponsored events, city permitted events and all franchisees, contractors and vendors doing business with the city. (Ord. No. 2305, § 1, 2016.)

16.41 Definitions.

As used in this article, the following terms and phrases shall have the following meanings:

City Facilities. The term “city facilities” means any building, structure, or vehicle owned or operated by the city of South Pasadena, its agents, agencies, departments, and franchisees.

Customer. The word “customer” means anyone purchasing food or beverages from a restaurant or food provider.

Disposable Food Service Ware. The term “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 straws, cup lids, or utensils, nor does it include single-use disposable packaging for unprepared foods.

Expanded Polystyrene. The term “expanded polystyrene” or “EPS” means polystyrene that has been expanded or “blown” using a gaseous blowing agent into a solid foam. EPS is sometimes called “Styrofoam,” a Dow Chemical Co. trademarked form of polystyrene foam insulation.

Food Packager. The term “food packager” means any person or entity, located within the city of South Pasadena, who places meat, eggs, baked products, or other food in disposable food service ware for the purpose of retail sale of those products.

Food Provider. The term “food provider” means any person or place that provides or sells prepared food within the city of South Pasadena to the general public to be consumed on the premises or for take-away consumption. Food provider includes but is not limited to (1) a grocery store, supermarket, restaurant, drive-through, cafe, coffee shop, snack shop, public food market, farmers’ market, convenience store, or similar fixed place where prepared food is available for sale on the premises or for take-away consumption, and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet. Food provider also includes any organization, group or individual that regularly provides prepared food to its members or to the general public as a part of its activities or services.

Nonprofit Food Provider. The term “nonprofit food provider” means a recognized tax exempt organization which provides food or beverage as a part of its services.

Polystyrene. The word “polystyrene” means and include expanded polystyrene, which 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, foam molding, and extrusion-blow molding (extruded foam polystyrene).

Polystyrene Food Packaging. The term “polystyrene food packaging” means any food packaging which contains polystyrene foam or oriented polystyrene.

Prepared Food. The term “prepared food” means any food or beverages which are served, packaged or are prepared on the retail vendor’s premises by cooking, chopping, baking, roasting, slicing, mixing, brewing, freezing, or squeezing. Prepared food may be eaten either on or off the retail vendor’s premises. For the purpose of this article, “prepared food” does not include raw, butchered, ground, chopped, or sliced meats, fish, and/or poultry sold from a butcher case or similar retail appliance for subsequent preparation.

Restaurant. The word “restaurant” means any establishment located within the city selling prepared food to be eaten on or about its premises by customers. “Restaurant” includes a sidewalk food vendor.

Retail Vendor. The term “retail vendor” means any store, shop, sales outlet, or other establishment which sells food packaging. (Ord. No. 2305, § 1, 2016.)

16.42 Prohibition of expanded polystyrene food service ware.

(a)    No restaurant, retail vendor, food packager, retail food vendor, or nonprofit food provider shall provide prepared food to its customers in disposable food service ware made of expanded polystyrene; or purchase, obtain, keep, distribute, sell for home or personal use, or give, serve, or otherwise provide to customers any disposable food service ware made of expanded polystyrene.

(b)    No food provider shall distribute or sell prepared food in any disposable food service ware made of EPS at any location within the city, unless it is wholly encapsulated or encased within a more durable material, as exempted in SPMC 16.43. This specifically includes, but is not limited to, cups, plates, bowls, clamshells and other products intended primarily for food service use, as well as coolers, containers and ice chests.

(c)    No person shall distribute or sell prepared food in any disposable food service ware made of EPS at city facilities. This subsection is limited to use of city facilities for which a person has entered into an agreement with the city to rent, lease or otherwise occupy a city facility. All facility rental agreements for any city facility shall include a provision requiring contracting parties to assume responsibility for preventing the utilization and/or distribution of disposable food service made of EPS while using city facilities. The facility rental agreement shall indicate that a violating contractor's security deposit will be forfeited if the city manager or his/her designee determines that disposable food service ware made of EPS was used in violation of the rental agreement.

(d)    No person shall use or distribute disposable food service ware made of EPS at city-sponsored events, city-managed concessions or city meetings. This subsection shall apply to the function organizers, agents of the organizers, city contractors, food providers and any other person that enters into an agreement with one or more of the function sponsors to sell or distribute prepared food or otherwise provide a service related to the function.

(e)    The city, its departments, and its city contractors, agents, and employees acting in their official capacity, shall not purchase or acquire disposable food service ware made of EPS, or distribute it for public use.

(f)    All food providers required by this code to have a business license shall certify compliance with this chapter on the annual business license renewal application. (Ord. No. 2305, § 1, 2016.)

16.43 Exceptions.

(a)    Food items which are packaged outside the boundaries of the city; provided, that such food is not altered, packaged or repackaged within the city limits, are exempt from the provisions of this chapter.

(b)    The city manager or his/her designee may exempt any person from SPMC 16.42 following the operative date of the ordinance codified in this article, as follows:

(1)    A request for an exemption shall be filed in writing with the city manager or his/her designee and shall include documentation of the reason for the requested exemption and any other information necessary for the city to make its decision. The city may require the applicant to provide additional information as necessary to make the required determinations. The city manager or his/her designee may approve an exemption request for a maximum of one year, with or without conditions, upon finding that compliance would create an undue hardship. Undue hardship shall be construed to include, but not be limited to, situations where there are no reasonable alternatives to disposable food service ware made of EPS for reasons that are unique to the applicant.

(2)    The city manager’s written decision on the exemption is effective within 10 days of the decision. Decisions of the city manager may be appealed by the person applying for the exemption to the city council. Appeals shall be filed in writing with the city clerk within 10 days of the decision and shall be accompanied by a fee set by resolution of the city council. Notice of hearing shall be given to the applicant at least 10 days prior to the hearing. The city council shall make its decision within 60 days of receiving the appeal.

(c)    Food packaging required to be purchased under a contract entered into one year prior to the effective date of this chapter is exempt from the provisions of this chapter. This exemption will apply up to one year from the effective date of this chapter.

(d)    Food brought by individuals for personal consumption to city facilities, including but not limited to city parks, and centers; provided, that the city facility is being used for individual recreation or similar purposes and such facility use is not part of a larger organized event that is otherwise governed by SPMC 16.42(b) through (e).

(e)    EPS coolers and ice chests that are intended for reuse are exempt from the provisions of this chapter.

(f)    The city manager or his/her designee may also determine to exempt from the requirements of this chapter the procurement of supplies or services in the event of a proclaimed emergency or when otherwise deemed necessary by the city manager for the immediate preservation of the public health, safety, or general welfare. (Ord. No. 2305, § 1, 2016.)

16.44 Enforcement.

(a)    The city manager or his/her designee shall have primary responsibility for enforcement of this chapter. The city manager or his/her designee is authorized to establish regulations and administrative procedures and to take any and all other actions reasonable and necessary to obtain compliance with this chapter, including, but not limited to, inspecting any food provider’s premises to verify compliance in accordance with applicable law.

(b)    Any person violating or failing to comply with any of the requirements of this chapter or of any regulation or administrative procedure authorized by it shall be guilty of an infraction.

(c)    The city attorney may seek legal, injunctive, or other equitable relief to enforce this chapter and any regulation or administrative procedure authorized by it. The city may also enforce this chapter through the administrative citation procedure set forth in Chapter 1A SPMC.

(d)    The remedies and penalties provided in this section and in Chapter 1A SPMC are cumulative and not exclusive of one another. (Ord. No. 2305, § 1, 2016.)

16.45 Violations.

Violations of this chapter shall be punishable as follows:

(a)    For the first violation, the city manager or his/her designee, upon determination that a violation of this chapter has occurred, shall issue a written warning notice to the person or food provider which will specify the violation and the appropriate penalties in the event of future violations.

(b)    Thereafter, the following schedule shall apply:

(1)    A fine not exceeding $100.00 for the first violation following the issuance of a warning notice;

(2)    A fine not exceeding $200.00 for the second violation following the issuance of a warning notice;

(3)    A fine not exceeding $500.00 for the third and any subsequent violation that occurs following the issuance of a warning notice. Any violation of this chapter shall constitute sufficient grounds for the revocation, suspension, denial or nonrenewal of a business license issued by the city, held by the violator for the location at which the violation occurs. (Ord. No. 2305, § 1, 2016.)

16.46 Effective date.

(a)    No food provider shall distribute or utilize disposable food service containers containing expanded polystyrene on or after one year following the November 16, 2016, date of adoption of the ordinance codified in this article by the city council.

(b)    No city facilities, city-managed concessions, city-sponsored events or city-permitted events shall distribute or utilize disposable food service containers containing expanded polystyrene on or after the effective date of the ordinance codified in this article. (Ord. No. 2305, § 1, 2016.)

16.47 No conflict with federal and state law.

(a)    Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

(b)    If any sentence, clause, or phrase of this article is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this article. The city council hereby declares that it would have adopted this article and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. (Ord. No. 2305, § 1, 2016.)