Chapter 6.20
UNLAWFUL USE OF HARMFUL PACKAGING MATERIALS

Sections:

6.20.010    Definitions.

6.20.020    Unlawful food packaging.

6.20.030    Duty to post notice.

6.20.040    Exemptions.

6.20.050    Violation, penalties.

6.20.010 Definitions.

As used in this chapter:

A. “Biodegradable” means material capable of being broken down by micro-organisms into simple substances or basic elements.

B. “Customer” means any restaurant or retail food vendor.

C. “Food vendor” means any restaurant or retail food vendor.

D. “Food packager” means any person, located within the city, who places meat, eggs, bakery products, or other food in packaging materials for the purpose of offering such products for retail sale.

E. “Nonprofit food provider” means a recognized tax-exempt organization which provides food as a part of its services.

F. “Prepared food” means food or beverages which are served on the vendor’s premises without preparation, or are prepared on the vendor’s premises by cooking, chopping, slicing, mixing, brewing, freezing or squeezing. “Prepared food” includes said foods and beverages whether consumed on- or off-premises. “Prepared food” does not include any uncooked meat.

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

H. “PSF” means polystyrene foam.

I. “Recycled” means a type of material which is separated from other solid wastes and used as a raw material in the manufacture of a new product or use.

J. “Restaurant” means any establishment located within the city which sells prepared food to be eaten by customers.

K. “Retail food vendor” means any store, shop, sales outlet or other establishment, including a grocery store, supermarket or delicatessen, located within the city, which sells prepared food.

L. “Reuse” means the process by which a product is reclaimed or reprocessed into another useful product. (Ord. 2750 § 1, 2000; Ord. 2150 § 1, 1989; Ord. 2147 § 2, 1989).

6.20.020 Unlawful food packaging.

It shall be unlawful for any restaurant, retail food vendor, food packager or nonprofit food provider to serve or package prepared food in containers or wrappers made in whole or in part of polystyrene foam (PSF) products. (Ord. 2750 § 1, 2000; Ord. 2150 § 2, 1989; Ord. 2147 § 3, 1989).

6.20.030 Duty to post notice.

Each restaurant, retail food vendor, food packager or nonprofit food provider shall at all times and in such place of business conspicuously post a public notice summarizing the ordinance codified in this chapter. Such notice is to be produced and supplied by the city at no cost to the establishment. (Ord. 2147 § 3, 1989).

6.20.040 Exemptions.

The city council may exempt a restaurant, retail food vendor, food packager or nonprofit food provider from the requirements of this chapter for a period of up to one year upon a showing by the applicant that the restrictions of this chapter would cause undue hardship due to unique circumstances, infringement upon a legally protected right, or lack of alternative packaging products which are beyond the control of the restaurant, vendor, packager or provider. (Ord. 2147 § 4, 1989).

6.20.050 Violation, penalties.

A. Director’s Authority. Whenever the development services director or his or her designee (“director”) determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter.

B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein. (Ord. 2952 § 3, 2008; Ord. 2147 § 5, 1989).