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 facility food provider"
means an entity that provides, but does not sell, prepared food at any City facility.
"City Manager"
means the City Manager and/or designees.
"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)
A. 
Food vendors may not sell, offer for sale, or otherwise distribute prepared food:
1. 
In food service containers made, in whole or part, from polystyrene; or
2. 
In food service containers that are not biodegradable, compostable or recyclable. This prohibition will take effect November 15, 2019.
B. 
City facility food providers may not provide prepared food to City facilities:
1. 
In food service containers made, in whole or part, from polystyrene; or
2. 
In food service containers that are not biodegradable, compostable or recyclable.
C. 
City departments may not purchase, acquire, or use food service containers for prepared food:
1. 
Where the food service container is made, in whole or in part, from polystyrene;
2. 
Where the food service container is not biodegradable, compostable or recyclable.
D. 
Effective November 15, 2019, City contractors and lessees may not use food service containers for prepared foods within City facilities while performing under a City contract or lease:
1. 
Where the food service container is made, in whole or in part, from polystyrene;
2. 
Where the food service container is not biodegradable, compostable or recyclable.
E. 
Effective November 15, 2019, the use or distribution of non-compliant food service containers at special events sponsored or co-sponsored by the City of Imperial Beach shall be prohibited. This prohibition shall apply to the event organizers, agents of the event organizers, event food vendors and any other party (including non-profit organizations) who enter into an agreement with one or more of the co-sponsors of the event to sell prepared food at the event or otherwise provide an event related service.
F. 
Effective November 15, 2019, all facilities rental agreements for any City-owned property or facility shall include a provision requiring contracting parties to assume responsibility for preventing the utilization and/or distribution of non-compliant food service containers. The facility rental agreement shall indicate that the violating contractor's security deposit will be forfeited if the City Manager determines that non-compliant food service container was utilized in the violation of the rental agreement.
G. 
It shall not be a violation of this section to sell, offer for sale, or otherwise distribute prepared food packaged in food service containers otherwise prohibited by subsections A through D where:
1. 
The prepared food is packaged outside the City and is sold or otherwise provided to the consumer in the same food service container in which it is originally packaged. Businesses packaging prepared food outside the City are encouraged to use food service containers that are biodegradable, compostable or recyclable and are not made, in whole or in part, from polystyrene.
2. 
The City Manager determines that there is no reasonable alternative available.
(Ord. 2019-1181 § 2)
A. 
Effective November 15, 2019, no person may sell, offer for sale, or otherwise distribute within the City the following materials if they are made in whole or in part from polystyrene, unless they are wholly encapsulated or encased within a more durable material:
1. 
Packing materials, including shipping boxes and packing peanuts;
2. 
Coolers, ice chests, or similar containers; or
3. 
Pool or beach toys.
B. 
No commercial business in the City shall use expanded polystyrene loose fill packaging and cushioning material, such as foam peanuts, packing peanuts, foam popcorn, or packing noodles, in the packaging of products, equipment or other items.
C. 
Effective November 15, 2019, no polystyrene foam product listed in subsection A shall be allowed on any beach within the City.
D. 
For purposes of subsection (A)(1), distribution of packing materials shall include using such materials to hold, cushion, or protect items to be packed in a container for shipping, transport, or storage, for compensation, where the packing takes place within the City. But it shall not include:
1. 
Receiving shipments within the City that include polystyrene foam, or some other non-compostable and non-recyclable product, used as packing material;
2. 
Re-using packing materials for shipping, transport, or storage within the same distribution system, where the packing materials are not sent to a consumer or end user;
3. 
Donating used packing materials to another person, where the donor receives nothing of value for the donated packing materials; or
4. 
Using packing materials donated under subsection (C)(3) for shipping, transport, or storage, where the person using the packing materials receives nothing of value for the donated packing materials.
E. 
Effective November 15, 2019, no person may sell, offer for sale, or otherwise distribute for compensation within the City, meat and fish trays or egg cartons made, in whole or in part, from polystyrene, or that are not biodegradable, compostable or recyclable, either as separate items or as part of the sale of raw meat, fish, poultry, or eggs sold to consumers from a refrigerator case or similar retail appliance.
(Ord. 2019-1181 § 2)
A. 
Effective November 15, 2019, no food vendor or restaurant, shall use, provide, distribute, or sell plastic beverage straws, plastic stirrers, or plastic cutlery that are not biodegradable, compostable, or recyclable.
B. 
Nothing in this section precludes food vendors or restaurants from using or making nonplastic alternatives, such as those made from paper, sugar cane, or bamboo, available to customers.
C. 
Effective November 15, 2019, no person shall distribute plastic beverage straws, plastic stirrers, or plastic cutlery at any City facility or any City-sponsored event.
D. 
It shall not be a violation of this section to sell, provide, distribute, or use plastic beverage straws, plastic stirrers, or plastic cutlery when:
1. 
Needed by customers due to medical or physical conditions.
2. 
The City Manager determines that there is no reasonable alternative available.
(Ord. 2019-1181 § 2)
A. 
Effective November 15, 2019, no person shall distribute a single-use carryout bag at City facilities, City-managed concessions, or City-sponsored events.
B. 
Commercial businesses, retail food vendors and restaurants in the City of Imperial Beach are encouraged not to provide a single-use plastic carryout bag to a customer at a point of sale or other location for the purpose of transporting food or merchandise out of the store.
C. 
This section is meant to work in conjunction with state law related to single-use carryout bags and any stores already in compliance with state law related to single-use carryout bags shall continue to follow state law on this matter.
(Ord. 2019-1181 § 2)
A. 
The City Manager may waive the provisions of Sections 16.16.030, 16.16.040, 16.16.050, and 16.16.060 if:
1. 
The applicant demonstrates a feasibility based hardship. The person seeking the waiver must demonstrate to the City Manager's satisfaction that no reasonably feasible alternative exists to a specific noncompliant product; or
2. 
The applicant demonstrates compliance is unreasonably financially prohibitive. The person seeking the exemption must demonstrate to the City Manager's satisfaction that with respect to each specific noncompliant product, there is no suitable and reasonably affordable alternative product available; or
3. 
The applicant demonstrates that strict application of the specific requirement would create an undue hardship, or practical difficulty, not generally applicable to other persons in similar circumstances, and good cause is shown.
B. 
A person seeking a waiver under subsection A must submit a written application on a form approved by the City Manager. The City Manager may require the applicant to submit additional information or documentation to make a determination regarding the waiver requested. The City Manager shall review requests for waivers on a case-by-case basis, and may grant the waiver in whole or in part, with or without conditions, for a period of up to 12 months. An applicant for renewal of a waiver must apply for a new waiver period no later than 60 days prior to the expiration of the then current period to preserve a continuous waiver status. The City Manager shall review each application anew and base his or her determination on the most current information available. Waiver determinations are effective immediately, final and not appealable. The City Council may by resolution establish a fee for waiver determinations in an amount sufficient to cover the costs to administer the application.
C. 
The City shall provide information about this chapter to new businesses and existing businesses during the business license application or business license renewal process.
(Ord. 2019-1181 § 2)
A. 
The City Manager, or designee, is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this chapter, including, but not limited to, inspecting the premises of any commercial business, retail food vendor, or restaurant to verify compliance.
B. 
Any person violating this chapter shall be guilty of an infraction, which shall be punishable by a fine in accordance with Chapter 1.12 of the Imperial Beach Municipal Code, or a misdemeanor, which shall be punishable by a fine not exceeding $1,000.00, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment. In addition to criminal fines, any person violating this chapter shall also be subject to civil penalties or administrative fines or both under Chapters 1.12 and 1.22 of the Imperial Beach Municipal Code.
C. 
The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.
D. 
Administrative enforcement of this chapter shall proceed pursuant to Chapter 1.22 of the Imperial Beach Municipal Code.
E. 
Each violation of this chapter shall be considered a separate offense.
F. 
The remedies and penalties provided in this section are cumulative and not exclusive, and nothing in this chapter shall preclude any person from pursuing any other remedies provided by law.
G. 
Notwithstanding any other provision of this chapter, this chapter may be enforced through any remedy as provided for in this section upon its effective date.
(Ord. 2019-1181 § 2)