[HISTORY: Adopted by the Board of Trustees of the Village
of East Aurora as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-19-2019 by L.L. No. 7-2019[1]]
[1]
Editor's Note: This local law was originally adopted as Ch.
52, but was renumbered for organizational purposes.]
A.
This chapter is intended to further the Village's plan to protect
and preserve the Village's unique character and conserve the
environment.
B.
The Board of Trustees of the Village of East Aurora enacts this chapter
to:
(1)
Discourage the use of noncompostable plastic beverage straws and
stirrers by banning their use by food service establishments using
noncompostable plastic straws and stir sticks, which furthers the
Village's goal of reducing nonbiodegradable litter and protecting
the Village's important natural resources.
For the purposes of this article, the following definitions
shall apply:
A tube for transferring a beverage from its container to
the mouth of the drinker by suction.
A product that is capable of disintegrating into natural
elements in a compost environment, leaving no toxicity in the soil
within 90 days.
Any establishment which serves made-to-order food or beverages
for dine-in, takeout, or delivery. Food establishments shall include,
but are not limited to, restaurants, cafes, fast-food establishments
and food establishments within grocery stores and food trucks and
carts.
A product that is designed and intended to be used only once
in its same form by the customer, food vendor or other entity.
Also known as "stirrers" or "swizzle sticks"; are a plastic
stick used to stir drinks.
A customer at a food service establishment is only allowed a
flexible plastic straw upon request when the person requesting has
a physical or mental disability inhibiting them from drinking using
a compostable or biodegradable flexible straw.
This article shall be enforced by the Village of East Aurora
Police Department and the Village Code Enforcement Officer.
Any food establishment violating this article shall be guilty
of a violation and shall receive a warning for the first violation,
will be subject to a fine in the amount of $100 for the second violation,
$200 for the third violation, and $400 for the fourth and subsequent
violations.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this article or the application thereof to
any person, firm or corporation, or circumstance is invalid or unconstitutional,
the court's order or judgment shall not affect, impair, or invalidate
the remainder of this article, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, or part of this article
or in its application to the person, individual, form or corporation
or circumstance, directly involved in the controversy in which such
judgment or order shall be rendered.
This article shall take effect March 1, 2020.
