The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
"CFC-processed packaging"
means all foam or styrofoam packaging which utilizes any
chlorofluorocarbon as a blowing agent, or otherwise, in its manufacture.
"Chlorofluorocarbons or CFCs"
are the family of chemical substances commonly referred to
as such, and containing carbon, fluorine and chlorine, and having
no hydrogen atoms and no double bonds.
"Packager"
means any store, shop, sales outlet, manufacturer or other
business located within the city which packages, boxes, containerizes,
or otherwise prepares any tangible goods or merchandise for sale or
distribution within the city using, in any fashion, packaging, as
defined herein, in connection with any portion of its business.
"Packaging"
means any and all bags, sacks, wrapping, boxes, containers,
container filler material, bowls, plates, trays, cartons, cups, straws,
lids and any and all other materials utilized in the packaging of
any goods, merchandise, food or other tangible things.
"Packaging supplier"
means any business which sells or provides packaging as all
or part of its business.
(Code 1980, § 8.22.010; Ord. No. 371, § 1, 1988; Ord. No. 870 (Recodification), 2014)
A. Packagers.
1. Except as provided in subsection
(A)(9) of this section, no packager shall utilize any CFC-processed packaging, nor shall any packager purchase, obtain or keep any CFC-processed packaging for packaging purposes.
2. As
to any packaging obtained after September 1, 1989, each packager shall
obtain from each of its packaging suppliers a written statement signed
by the supplier, or by an authorized agent of the supplier, stating
that the supplier will supply no CFC-processed packaging to that packager,
that the supplier will note on each invoice for packaging supplied
to that packager that the packaging covered by the invoice is not
CFC-processed, and it shall further include the identity of the manufacturer
of such packaging.
3. All
contracts between packagers and packaging suppliers shall include
provisions that each supplier will supply no CFC-processed packaging,
that the supplier will truthfully state on each invoice for packaging
supplied that the packaging is not CFC-processed and that each such
invoice shall contain the identity of the manufacturer of such packaging.
A failure by any packaging supplier to comply with such provisions
shall constitute a material breach of the contract.
4. Packagers
shall retain each supplier's written statements referred to above,
for one year from the last date of receipt of any packaging from that
supplier.
5. All
packagers shall segregate, in their warehouses or other storage areas,
all foam and styrofoam packaging from all other forms of packaging
maintained on the premises. All foam and styrofoam packaging to be
used in connection with each packager's business and maintained on
the packager's premises shall be labeled with language clearly indicating
that CFCs have not been utilized in its manufacture.
6. It
is unlawful for any supplier to make any misstatement of material
fact to any packager or to any representative of the city regarding
the use or nonuse of CFCs in the manufacture of any packaging supplied,
or to be supplied, to any packager in the city.
7. Each
packager shall file a statement at the time it first obtains or renews
it business license, truthfully declaring that it is in compliance
with this chapter.
8. All
statements and documents required by this chapter to be maintained
by a packager shall be made available for inspection by the city manager
or his or her designated representative. It is unlawful for anyone
having custody of such documents to fail or refuse to produce such
documents upon request by the city manager or his or her designated
representative during normal business hours.
9. The
city manager or his or her authorized representative may exempt a
type of packaging from the requirements of this chapter upon a showing
satisfactory to the city manager or designee that the packaging has
no acceptable non-CFC-processed equivalent and that imposing the requirements
of this chapter would cause undue hardship. The documentation shall
include, but is not limited to, a list of suppliers contacted to determine
if non-CFC-processed substitutes are available.
10. Packagers who have previously entered into a contract for the provision of CFC-processed packaging which is to be shipped prior to September 1, 1989, are exempt from the provisions of this subsection
A, with respect to such packaging.
B. Packaging
suppliers.
1. It
is unlawful for any packaging supplier in the city to store, sell
or provide CFC-processed packaging within the city.
2. All
foam and styrofoam packaging stored or maintained by any packaging
supplier within the city shall be labeled with language clearly indicating
that CFCs have not been utilized in its manufacture.
3. The provisions of this subsection
B shall not apply to packaging required to be shipped under an existing contract prior to September 1, 1989.
C. Packaging
manufacturers.
1. It
is unlawful for any packaging manufacturer to manufacture or otherwise
produce, within the city, any CFC-processed packaging.
2. All
foam and styrofoam packaging stored or maintained by any packaging
manufacturer within the city shall be labeled with language clearly
indicating that CFCs have not been utilized in its manufacture.
D. Policy.
The city shall not purchase any CFC-processed packaging, nor shall
CFC-processed packaging be knowingly utilized at any city-sponsored
event occurring within the city.
E. Enforcement.
The city manager is authorized to promulgate regulations and to take
any and all other actions reasonable and necessary to enforce this
chapter, including, but not limited to, inspection of any business
premises of any packager, packaging supplier and/or packaging manufacturer,
during normal business hours, to verify compliance.
F. Voluntary
and mandatory compliance. It is the intent of the city council to
achieve a 50 percent reduction in the use of CFC-processed packaging
by March 1, 1989, and a 90 percent or greater reduction thereafter.
In order to achieve this reduction, compliance with the provisions
of this chapter shall be on a voluntary basis until September 1, 1989.
On and after September 1, 1989, the provisions of this chapter shall
become mandatory without further notice.
(Code 1980, § 8.22.020; Ord. No. 371, § 1, 1988; Ord. No. 870 (Recodification), 2014)
A. It is
unlawful for any person, firm, partnership or corporation to violate
any provision or to fail to comply with any of the requirements of
this chapter. Any person, firm, partnership or corporation violating
any provision of this chapter or failing to comply with any of its
requirements shall be deemed guilty of an infraction and upon conviction
thereof shall be punishable as follows:
1. A
fine not exceeding $100.00 for a first violation;
2. A
fine not exceeding $200.00 for a second violation occurring within
one year;
3. A
fine not exceeding $500.00 for each additional violation occurring
within one year.
B. Each
such person, firm, partnership or corporation is guilty of a separate
offense for each and every day or any portion thereof during which
any violation of any of the provisions of this chapter is committed,
continued or permitted by such person, firm, partnership or corporation,
and shall be deemed punishable therefor as provided in this chapter.
C. The
provisions of this chapter shall not be construed as permitting conduct
not proscribed herein and shall not affect the enforceability of any
other applicable provision of law.
(Code 1980, § 8.22.030; Ord. No. 371, § 1, 1988; Ord. No. 870 (Recodification), 2014)
A violation of any of the provisions of this chapter shall constitute
a nuisance and may be abated by the city through civil process, by
means of restraining order, preliminary or permanent injunction, or
in any other manner provided by law for the abatement of such nuisance.
(Code 1980, § 8.22.040; Ord. No. 371, § 1, 1988)