Chapter 8.11
NUISANCE – POLYSTYRENE FOAM
Sections:
8.11.010 Polystyrene foam declared nuisance.
8.11.030 Polystyrene foam products used for prepared food packaging are banned.
8.11.010 Polystyrene foam declared nuisance.
The manufacture of polystyrene foam of all types has been identified as a major contributor to the depletion of the earth’s ozone layer and thus is a long-term menace to the public health. Polystyrene foam products used for prepared food packaging are hereby declared a public nuisance. (Ord. 2020-09 § 1)
8.11.020 Definitions.
As used in this chapter, the following terms have the following meanings:
A. “Chlorofluorocarbons” are the family of substances containing carbon, fluorine and chlorine.
B. “Food vendor” means any restaurant, retail food vendor, or nonprofit food provider.
C. “Nonprofit food provider” means a recognized tax exempt organization which provides food as a part of its services.
D. “Person” means any natural person, firm, corporation, partnership, or other organization or group however organized.
E. “Restaurant” means any establishment located within the city of Lincoln City selling prepared food to be eaten by customers. Restaurant includes mobile food units and street vendors.
F. “Retail food vendor” or “vendor” means any store, shop, sales outlet or other establishment, including a grocery store or a delicatessen, located within the city of Lincoln City, which sells prepared food. “Retail food vendor” includes mobile food units and street vendors. (Ord. 2020-09 § 1)
8.11.030 Polystyrene foam products used for prepared food packaging are banned.
A. No restaurant, retail food vendor or nonprofit food provider or other person shall serve prepared food, sell, give away, deliver or provide in any way, prepared food in any polystyrene foam products, nor sell, give away, deliver or provide in any way, polystyrene foam products intended for use as disposable food containers, when such polystyrene foam containers are manufactured with chlorofluorocarbons (CFCs) which do not reduce the potential for ozone depletion by more than 95 percent, compared to the ozone depletion potential of CFC-12 (dychlorodifluorothane). Compounds banned include: CFC-11, CFC-12, CFC-113, CFC-114, CFC-115, Halon-1211, Halon-1301 and Halon-2402.
B. Food vendors may be required to furnish a written statement from the manufacturer or supplier of polystyrene foam products used by that food vendor, indicating that the chemical compounds used in the manufacture of the vendor’s polystyrene foam products do not violate the provisions of this chapter. (Ord. 2020-09 § 1)
8.11.040 Enforcement.
Violations of this chapter shall be deemed a Class C violation and shall be subject to citation and punishable as set forth in Chapter 1.16 LCMC. Notwithstanding the above, for the first 90 days after the April 13, 2021, effective date of Ordinance 2020-09, a warning will be issued for any violation of the provisions of this chapter. (Ord. 2021-05 § 1; Ord. 2020-09 § 1)
8.11.050 Exemptions.
The prohibitions of this chapter do not apply to raw food products, including packaged raw meat (e.g., beef, poultry, seafood or pork) and other raw food products that have not been prepared by a food vendor. (Ord. 2020-09 § 1)