The City of Imperial Beach is a coastal community which strives
to protect and improve the environment in many ways. Refuse found
and collected along San Diego County coasts is primarily comprised
of plastics. Regulating the use of single-use disposable items within
the City will reduce the amount of plastics that enter the environment
and the ocean. With the implementation of this chapter, the City has
the opportunity to reduce the amount of plastics that end up in the
ocean. The goal is to eventually eliminate single-use products that
are not compostable within the City. To that end, residents, visitors,
and businesses in the City are encouraged to minimize the use and
sale of single-use products, which include, but are not limited to,
single-use beverage bottles, miniature beverage bottles, non-biodegradable
cigarette filters, balloons, and unnecessary plastic product packaging.
(Ord. 2019-1181 § 2)
For purposes of this chapter, the following terms shall have
the following meanings:
"Beverage provider"
means any business, organization, entity, group, or individual
located in the City of Imperial Beach that offers liquid, slurry,
frozen, semifrozen, or other forms of beverages to the public for
consumption.
"Biodegradable"
refers to a material to decompose into elements normally
found in nature within a reasonably short period of time after disposal.
"City facility"
means any building, structure, park or vehicle owned and
operated by the City of Imperial Beach.
"City-sponsored event"
means any event organized or sponsored by the City of Imperial
Beach or any department of the City of Imperial Beach.
"Commercial business"
means all nonresidential facilities engaged in business or
commerce, whether for profit or notfor-profit, or publicly or privately
owned.
"Compostable"
means material that can be broken down into, or otherwise
become part of usable compost in a safe and timely manner.
"Customer"
means any person obtaining food or beverages from a restaurant
or retail food vendor.
"Distribute"
means the sale, offer for sale, or other transfer of possession
of an item for compensation, either as a separate transaction or as
part of the sale, offer for sale, or other transfer of possession
of another item for compensation.
"Egg carton"
means a carton for raw eggs sold to consumers from a refrigerator
case or similar appliance.
"Food packaging"
means all bags, sacks, wrapping, containers, bowls, plates,
trays, cartons, cups, straws and lids which are made from polystyrene
foam, on or in which any foods or beverages are placed or packaged
on a restaurant's or retail food vendor's premises.
"Food service container"
means all single-use disposable products used in the restaurant
and food service industry for serving or transporting prepared, ready-to
consume food or beverages. This includes containers, bowls, plates,
trays, cups, lids, and other like items that are designed for one-time
use for prepared foods, including, without limitation, service containers
for takeout foods and/or leftovers from partially consumed meals prepared
by food vendors. The term "food service container" does not include
items composed of metal foil or metal foil-faced papers used to wrap
hot foods.
"Food vendor"
means any restaurant or retail food vendor located or operating
within the City.
"Meat and fish tray"
means any tray for raw meat, fish, or poultry sold to consumers
from a refrigerator case or similar retail appliance.
"Packing material"
means material used to hold, cushion, or protect items packed
in a container for shipping, transport, or storage.
"Person"
means any natural person, firm, corporation, partnership,
or other organization or group however organized.
"Plastic beverage straw"
means any straw or tube made predominantly of plastic derived
from either petroleum or nonbiodegradable polymer, used for transferring
a beverage from its container to the mouth of the drinker.
"Plastic cutlery"
means any utensil, such as a fork, spoon, spork, or knife,
made predominantly of plastic derived from either petroleum or nonbiodegradable
polymer.
"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 non-biodegradable polymer.
"Polystyrene"
means blown polystyrene and expanded and extruded foams which
are thermoplastic petrochemical materials utilizing a styrene monomer
and processed by any number of techniques including, but not limited
to, fusion polymer spheres (expanded bead polystyrene), injection
molding, foam-molding, and extrusion-blown molding (extruded foam
polystyrene). Polystyrene foam is generally used to make cups, bowls,
plates, trays, clamshell containers, meat trays, and egg cartons.
"Prepared food"
means food or beverages which are served on the food vendor's
premises and are prepared on the food vendor's premises or within
the City of Imperial Beach by packaging, cooking, chopping, slicing,
mixing, brewing, freezing or squeezing. Prepared food does not include
any uncooked meat or eggs. Prepared food may be eaten either on or
off the premises.
"Recyclable"
means material that can be sorted, cleansed, and reconstituted
using the City's available recycling collection programs for the purpose
of using the altered form in the manufacture of a new product. Recycling
does not include burning, incinerating, converting, or otherwise thermally
destroying solid waste.
"Restaurant"
means any establishment located within the City that sells
prepared food for consumption on, near, or off its premises. The term
includes a restaurant operating from a temporary facility, cart, vehicle,
or mobile unit.
"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 Imperial Beach, which provides prepared food.
"Single-use plastic carryout bag"
has the same meaning as a single-use carryout bag as defined
in Section 42280 of the California
Public Resources Code, as may be
amended from time to time. Single-use plastic carry-out bags do not
include produce bags that are provided to a customer for use within
a business to assist in the collection and transport of products such
as produce, bulk items, meat, poultry, dry cleaning, or laundry.
(Ord. 2019-1181 § 2)
Effective November 15, 2019, no person may sell, offer for sale,
or otherwise distribute within the City:
A. Any
food service container that is not biodegradable, compostable or recyclable.
B. Any
food service container made, in whole or in part, from polystyrene.
(Ord. 2019-1181 § 2)