Chapter 8.52
PLASTIC BEVERAGE STRAWS AND STIRRERS
Sections:
8.52.020 Plastic beverage straw and stirrer use prohibited at point of sale.
8.52.040 Administration and enforcement.
8.52.010 Definitions.
As used in this chapter:
“City-sponsored event” means any event organized or sponsored by the City of Takoma Park or any department of the City of Takoma Park.
“Non-plastic material” means paper, sugar cane, bamboo, rubber, metal, or other material deemed as non-plastic by the City Manager.
“Other institutions” means hospitals, schools, daycare centers, churches, etc.
“Plastic beverage straw” means a tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for transferring a beverage from its container to the mouth of the drinker. “Plastic beverage straw” includes compostable and biodegradable petroleum and biologically based polymer straws, but does not include straws that are made from non-plastic materials.
“Plastic stirrer” means a device that is used to mix beverages, intended for only one-time use, and made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources. “Plastic stirrer” includes compostable and biodegradable petroleum and biologically based polymer stirrers, but does not include stirrers that are made from non-plastic materials.
“Retail establishment” means any establishment engaged in the retail sale of goods. Retail establishment includes any supermarket, convenience store, shop, service station, restaurant (eat-in and take-out), drinking establishment, farmers’ market vendor, food truck, and any other sales outlet where a customer can buy goods, including such establishments located in other institutions. (Ord. 2019-5 § 1, 2019)
8.52.020 Plastic beverage straw and stirrer use prohibited at point of sale.
A. Except as provided in subsection (D) of this section, retail establishments shall not sell or provide plastic beverage straws or stirrers to customers for use with dine-in or carry out beverages.
B. Except as provided in subsection (D) of this section, the City, vendors at City-sponsored events and persons utilizing City facilities for private events shall not provide plastic beverage straws or stirrers to customers, patrons, or participants on City property or at City-sponsored events.
C. Retail establishments and other institutions are encouraged to provide straws made of non-plastic materials only on request.
D. If retail establishments, other institutions, the City, vendors at City-sponsored events or persons using City facilities for private events provide non-plastic straws, they shall maintain a reasonable stock of flexible, disposable plastic beverage straws for customers, patrons or participants for whom straws made of non-plastic materials are unsuitable and who request plastic beverage straws. (Ord. 2019-5 § 1, 2019)
8.52.040 Administration and enforcement.
A. The City Manager shall provide notice of the restrictions of this chapter and educational materials regarding compliance to retail establishments commencing no later than July 1, 2019.
B. Violation of this chapter constitutes a class D municipal infraction.
C. Distribution of one or more plastic beverage straws or stirrers to a customer in connection with a single transaction is a single violation, except when providing a flexible, disposable plastic beverage straw upon request by someone who asks for a plastic beverage straw because of need.
D. A penalty shall not be imposed on an individual retail establishment more than once within a seven-day period.
E. The City Manager may adopt regulations to implement and enforce this chapter.
F. Implementation Schedule. The City Manager will begin monitoring compliance with this chapter commencing January 1, 2020, and shall issue violation warning notices for violations occurring between January 1, 2020, and June 30, 2020. The City Manager may issue municipal infraction citations for violations commencing July 1, 2020. (Ord. 2019-5 § 1, 2019)