CHAPTER 6.28:
DISPOSABLE FOOD WARE
Section
6.28.020 Prohibited disposable food service ware
6.28.040 Non-food packaging material
6.28.050 Biodegradable disposable food service ware
6.28.060 Enforcement and penalties
6.28.010 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
BIODEGRADABLE. A material or substance that has the ability to decompose into natural biological elements within a reasonable time as a result of bacterial action, or as a result of other living organisms.
CITY CONTRACTORS AND LESSEES. Any person or entity that has a contract with the City for public works or improvements to be performed, for a franchise, concession or lease of property, for grant monies or goods and services or supplies to be purchased at the expense of the City or to be paid out of monies deposited in the Treasury or out of trust monies under the control or collected by the City.
CITY FACILITIES. Any building, structure or vehicle owned or operated by the City of Fort Bragg, its agents, agencies, departments and franchisees.
CITY FACILITY FOOD PROVIDER. Any entity that provides prepared food in City facilities.
DISPOSABLE FOOD SERVICE WARE or TAKEOUT FOOD WARE. 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 all containers, bowls, plates, trays, cartons, cups, lids, straws, stirrers, forks, spoons, knives, napkins and other items designed for one-time use for prepared foods, including without limitation service ware for food that may be removed from the premises for consumption elsewhere. The term DISPOSABLE FOOD SERVICE WARE does not include items composed entirely of aluminum or glass, California redemption beverage containers, or polystyrene foam coolers and ice chests that are intended for reuse.
FOOD PROVIDER. Any business, organization, entity, group or individual, including retail food establishments, located in the City that offers food or beverage to the public.
POLYSTYRENE FOAM. Blown polystyrene and expanded and extruded foams (sometimes called Styrofoam) which are thermoplastic, petrochemical materials 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-blown molding. Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons.
PREPARED FOOD. Food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the food provider’s premises or within the City for individual customers. For purposes of this chapter, prepared food includes takeout food but does not include packaged raw, butchered meats, fish and/or poultry sold from a butcher case or similar retail appliance. Prepared food may be eaten either on or off the premises.
RETAIL FOOD ESTABLISHMENT. All sales outlets, stores, shops, vehicles or other places of business located within the City which operate primarily to sell or convey foods or beverages directly to the ultimate consumer. Retail food establishments shall include, but are not limited to, any place where food is prepared, mixed, cooked, based, smoked, preserved, bottled, packaged, handled, stored, manufactured and sold or offered for sale, including any fixed or mobile restaurant, drive-in, coffee shop, cafeteria, delicatessen, sandwich shop, hotel, motel, movie house, theatre, bed and breakfast inn, tavern, bar, cocktail lounge, nightclub, roadside stand, takeout prepared food place, industrial feeding establishment, catering kitchen, commissary, grocery store, public food market, produce stand, food stand or similar place in which food or drink is prepared for sale or for service; and any organization or individual which provides food or beverage as part of its service or in conjunction with a special event it sponsors.
(Ord. 913 § 2, passed 09-22-2014)
6.28.020 PROHIBITED DISPOSABLE FOOD SERVICE WARE.
A. Retail food establishments and food providers may not sell, hand out, give away, distribute or otherwise provide prepared food in disposable food service ware that contains polystyrene foam.
B. City facility food providers may not hand out, give away, distribute or otherwise provide prepared foods in disposable food service ware that contains polystyrene foam.
C. City departments may not purchase, acquire or use disposable food service ware that contains polystyrene foam.
D. City contractors and lessees may not use disposable food service ware that contains polystyrene foam in City facilities and while performing under a City contract or lease.
(Ord. 913 § 2, passed 09-22-2014)
6.28.030 EXEMPTIONS.
A. Prepared foods prepared or packaged outside the City are exempt from the provisions of this chapter. Purveyors of food prepared or packaged outside the City are encouraged to follow the provisions of this chapter.
B. Coolers or Ice Chests. Coolers or ice chests that are intended for reuse are exempt from the provisions of this chapter.
C. City facilities, food vendors, City franchises, contractors and their vendors doing business with the City shall be exempt from the provisions of this chapter, in situations deemed by the City Manager to be an emergency, or for the immediate preservation of the public peace, health or safety.
(Ord. 913 § 2, passed 09-22-2014)
6.28.040 NON-FOOD PACKAGING MATERIAL.
It is the policy of the City to promote and encourage, on a voluntary basis, the use of alternatives to polystyrene foam in non-food applications such as cushioning in shipping boxes or packages.
(Ord. 913 § 2, passed 09-22-2014)
6.28.050 BIODEGRADABLE DISPOSABLE FOOD SERVICE WARE.
It is the policy of the City to promote and encourage, on a voluntary basis, the use of biodegradable disposable food service ware by retail food establishments in order to lessen the environmental harm of disposable food service ware that becomes litter.
(Ord. 913 § 2, passed 09-22-2014)
6.28.060 ENFORCEMENT AND PENALTIES.
A. Any action to enforce this chapter shall be preceded by delivery of a written warning to the retail food establishment where a violation has occurred.
B. The owner(s) of any retail food establishment which violates this chapter shall be guilty of an infraction. If charged as an infraction, upon conviction thereof, said owner(s) shall be punished by (1) a fine not exceeding $100.00 for a first violation, (2) a fine not exceeding $200.00 for a second violation within the same year, and (3) a fine not exceeding $500.00 for each additional violation within the same year.
C. The City Manager or his/her agent has primary responsibility for the enforcement of this chapter. Any violation of this chapter may be enforced through the administrative enforcement procedures in Chapter 6.12. The City Manager, or his or her designee, is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, entering the premises of any food vendor during business hours, and imposing administrative fines in amounts as may be established from time to time by resolution of the City Council. Other City staff may assist with this enforcement responsibility by entering the premises of a food vendor as part of their regular inspection functions and reporting any alleged violations to the City Manager or his/her agent.
D. In addition to the administrative enforcement procedures described above, the City Council may authorize the City Attorney to pursue judicial enforcement of this chapter through a civil action.
E. A violation of any provision of this chapter by any person, firm or corporation shall be subject to a civil action in any court of competent jurisdiction, including the small claims court, by the City to recover any damages caused by the violation and a civil penalty of $1,000 or 10% of actual damages, whichever is higher, for every such violation. For any willful violation, the City may recover treble damages. Nothing in this subsection shall prohibit the filing of an action as authorized herein as a class action. The prevailing party in any action filed pursuant to this subsection shall be entitled to recover its reasonable attorneys’ fees to be determined by the court.
(Ord. 913 § 2, passed 09-22-2014)
6.28.070 EFFECTIVE DATE.
The ordinance codified in this chapter shall go into full force and effect one hundred eighty (180) days after final adoption.
(Ord. 913 § 2, passed 09-22-2014)