[Added 10-25-1988]
A.
The City Council of the City of Glen Cove finds that:
(1)
Discarded packaging constitutes the largest single
category of waste within the City of Glen Cove's waste stream and
is, therefore, a necessary focus of any effort to assure pure air
within the City of Glen Cove, as well as to reduce the economic and
environmental costs of waste management for the citizens of this City.
(2)
Discarded nonbiodegradable packaging and plastic contained
within the waste stream of the City of Glen Cove is a fundamental
cause of problems associated with municipal waste disposal.
(3)
State law currently in effect precludes the establishment
of new landfills on Long Island within deep-flow recharge areas after
1990 and mandates closure of existing ones in these groundwater-sensitive
areas by that date, that solid waste receiving areas outside of Long
Island are becoming increasingly uncertain and expensive; and that,
for both economic and environmental reasons, measures to simplify
the chemical complexity of solid waste and, thereby, streamline solid
waste management must be vigorously pursued.
(4)
The chemical composition and ability of a substance
to biodegrade are meaningful and useful criteria to focus upon when
establishing public policy that is intended to improve the management
and disposal of solid waste, reduce the cumulative impact of litter,
encourage composting and other forms of recycling, minimize the potential
for toxic substances to form if solid waste is burned, reduce the
volume of ash by-products that may be created by any burning of waste
plastic packaging, and otherwise anticipate environmental problems
that may be caused by municipal solid waste disposal programs.
(5)
The use of plastics and other nonbiodegradable packaging
has become widespread throughout the City of Glen Cove and that the
resulting mixed substance waste stream is a serious impediment to
many solid waste management programs that are being considered for
this City.
(6)
The widespread use of plastics, especially polystyrene
and polyvinyl chloride, poses a threat to the environment in the City
of Glen Cove upon incineration, by the possible introduction of toxic
by-products into the atmosphere and general environment of the City
of Glen Cove.
(7)
The economic and environmental problems associated
with the City of Glen Cove's mixed substance waste stream are so severe
that a program to incrementally simplify the chemical composition
of solid waste, thereby reducing environmental hazards and toxicity
associated with solid waste incineration and encouraging the composting
of putrescible biodegradable wastes and encouraging other forms of
recycling of solid waste substances, is hereby determined to be a
policy goal of the City of Glen Cove.
(8)
The use of polystyrene and polyvinyl chloride for
food packaging is problematical because neither of these plastic species
are readily recyclable; that their abundant commercial use in lieu
of other plastic species such as polyethylene or polypropylene unnecessarily
complicates the overall chemical composition of municipal waste and
subtracts from the possible emergency of a viable plastic recycling
market for this region; and that, if burned together, polystyrene
and polyvinyl chloride leave a relatively heavier and, therefore,
more expensive ash residue to dispose of which may also create dioxin,
hydrochloric acid or other toxic chemicals that could be emitted into
the general environment of the City of Glen Cove.
(9)
There are readily available plastic and/or paper product
substitutes for most of the polystyrene and polyvinyl chloride retail
food packaging now being used in the City of Glen Cove, the use of
which alternatives would be environmentally and economically advantageous
to the people of the City of Glen Cove.
(10)
Plastic bags in the waste stream constitute
an impediment to the development of efficient waste separation, recycling
or other waste management programs and are less desirable than other
bags because plastic bags are neither recyclable nor compostable.
(11)
Plastic bags used by retail establishments selling
food constitutes the largest single retail source of plastic bags
in the waste stream.
B.
This Council determines that certain retail establishments
within the City of Glen Cove are points of origin for a substantial
volume of packaging waste and, therefore, are particularly susceptible
to actions which have significant potential for simplifying the chemical
composition of this portion of Glen Cove's solid waste stream, thereby
improving solid waste management within this City.
C.
The purpose of this section is to incrementally, to
the maximum extent practicable, eliminate the use of nonbiodegradable
packaging originating at retail establishments within the City of
Glen Cove, in order to protect the air, land and waters of the City
of Glen Cove against environmental contamination and degradation.
A.
No retail food establishment located and doing business
within the City of Glen Cove shall sell or convey food directly to
ultimate consumers within the City of Glen Cove unless such food is
placed, wrapped or packed in biodegradable packaging at the conclusion
of a sales transaction for the purchase of such food, which takes
place on the premises of such a retail food establishment at or near
a sales counter or equivalent customer purchasing station, but prior
to removal of such food from the premises of such retail food establishment.
B.
No retail food establishment located and doing business
within the City of Glen Cove shall sell, give or provide eating utensils
or food containers to any consumers within the City of Glen Cove if
such eating utensil or food container is composed of polystyrene or
polyvinyl chloride.
The Director of Public Works shall issue and
promulgate such rules and regulations as may be necessary to implement
and carry out the provisions of this section of the article.
Prohibitions of this article shall not apply
to the following items:
A.
Any flexible, transparent covering for uncooked or
raw meat, poultry, raw fish, hard cheese, cold cuts, fruit and vegetable
produce, baked goods and bread.
B.
Any food packaging used at hospitals or nursing homes.
C.
Any paper or other cellulose-based packaging that
is coated with polyethylene plastic on only one side.
D.
Any plastic covers, covering material, food containers,
lids, eating utensils or straws that are not made of polystyrene or
polyvinyl chloride.
This article shall be enforced by the City of
Glen Cove.
[Amended 5-27-1997 by L.L. No. 2-1997; 6-27-2000]
Any person or corporation or officer thereof
who shall violate any of the provisions of this article, or who fails
to comply therewith or who shall fail to comply with any written notice
of violation or order issued by the Building Department Administrator,
shall be guilty of a violation within the meaning of the New York
Penal Law and, upon conviction, shall be liable to a fine of not less
than $1,000 nor more than $2,000 or to imprisonment for a period not
to exceed 15 days, or both; and, upon a second conviction for the
same offense committed within five years of the date of the first
offense, shall be liable to a fine of not less than $2,000 nor more
than $3,500 or to imprisonment for a period not to exceed 15 days,
or both; and, upon a third conviction for the same offense committed
within five years of the date of the second offense, shall be liable
to a fine of not less than $3,500 nor more than $5,000 or to imprisonment
for a period not to exceed 15 days, or both. Each week that any such
violation continues shall constitute a separate and distinct violation.
The owner or owners of any building or premises or part thereof where
a violation of any of the provisions of this article shall exist or
any lessee, tenant, builder, contractor, subcontractor, agent, person
or corporation employed in connection therewith and any person who
assisted in the commission of any such violation shall each be guilty
of a separate offense and, upon conviction thereof, shall be punishable
as herein provided.
