[HISTORY: Adopted by the City Council of the City of Yonkers 11-26-2019 by Ord. No.
11-2019. Amendments noted where applicable.]
This Council finds that nonbiodegradable, single-use plastics
have caused and continue to cause significant environmental harm and
have burdened local governments with significant environmental cleanup
costs as well as waste costs. Plastics and other materials synthesized
from petroleum and natural gas often end up in landfills and do not
biodegrade for hundreds of years, potentially releasing harmful chemicals
when they do break down. The intent of this chapter is to reduce the
use of plastic straws.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment engaged in the retail sale or distribution
of beverages and prepared food to the public including but not limited
to: restaurants, bars, delicatessens, drug stores, pharmacies, grocery
stores, supermarkets, convenience stores, food marts, gas stations,
catering halls, banquet facilities, street carts, food trucks, street
vendors, or other establishment where beverages or prepared food is
provided for individual portion service directly to the consumer,
whether the beverage or food is provided free of charge or sold, and
whether the beverage or food is consumed on or off the premises.
A packaged beverage item available for purchase that is not
customizable and has been prepared by a company other than the retailer
with a single-use plastic straw affixed to the carton. Off-the-shelf
items include juice boxes that include a plastic straw attached to
the packaging.
A single-use, disposable tube made predominantly of plastic
derived from either petroleum or biologically based polymer, such
as corn or other plant sources, used to transfer a beverage from a
container to the mouth of the person drinking the beverage. "Single-use
plastic straw" shall not include a straw made from nonplastic materials,
including, but not limited to, paper, pasta, sugar cane, wood, or
bamboo, or a straw expressly marketed as and intended for reuse.
A.
Covered establishments shall only provide plastic straws upon request
to customers.
B.
The City of Yonkers shall issue guidance and educational materials
to covered establishments on signage with respect to communicating
to customers that they can ask for plastic straws where such establishments
provide them upon request.
The following uses or sales of plastic straws are exempt from
compliance with this law:
A.
The retail sale of single-use plastic straws to consumers who claim
a medical necessity, disability or impairment which limits their ability
to ingest liquids without a straw; and
B.
The retail sale of off-the-shelf retail beverage items, such as juice
boxes that arrive to a retailer with a plastic straw already adhered
to it.
Any covered establishment found to be in violation of the provisions
of this chapter shall be liable for a civil penalty. Such a penalty
will be imposed upon the findings of an investigation by the City
of Yonkers Consumer Protection Bureau following notice of a potential
violation. Such a penalty will be payable to the City of Yonkers pursuant
to the following penalty structure:
A.
Any covered establishment found to be in violation of the provisions
of this law a first time shall be issued a written warning.
B.
Any covered establishment found to be in violation of the provisions
of this law a second time shall be liable for a civil penalty not
to exceed $100.
C.
Any covered establishment found to be in violation of the provisions
of this law a third time shall be liable for a civil penalty not to
exceed $250.
D.
Any covered establishment found to be in violation of the provisions
of this law a fourth time shall be liable for a civil penalty not
to exceed $500.
E.
For each subsequent violation, daily fines of $100 shall be instituted
and applied for violations of this chapter until compliance is achieved.
F.
All fines collected for violations of this chapter shall be used
to offset any costs of compliance and oversight of adherence to this
chapter or to address the costs to the City associated with waste
removal and recycling.
