The city council finds and declares that:
A.
As set forth in California Public Resources Code Section 42355, the
State Legislature recognized that littered plastic products have caused
and continue to cause significant environmental harm and have burdened
local governments with significant environmental cleanup costs.
B.
The State Legislature further declared its intent to ensure that
environmental marketing claims, including claims of biodegradation
of plastics, do not lead to an increase in environmental harm associated
with plastic litter by providing consumers with a false belief that
certain plastic products are less harmful to the environment.
C.
Plastics synthesized from petroleum and natural gas do not biodegrade.
Even with the emergence of bioplastics, which are derived from renewable
biomass sources, such as plants and microorganisms, there is no certified
type of bioplastic that biodegrades in a marine environment.
D.
Despite continued efforts, and the current availability of non-plastic,
compostable alternatives, the city continues to see littered plastic,
namely plastic straws, stirrers, takeout containers, cups, lids and
cutlery. Plastic straws, stirrers, take out containers, cups, lids
and cutlery are generally made from polystyrene or polypropylene.
The city intends to set a positive example through the adoption of
this ordinance, that all disposable, single use food service ware,
as defined herein, at city-managed events, city run concessions and
city-sponsored events where prepared food is served, must be compostable
to reduce or eliminate the amount of disposable food service ware
sent to the landfill and the amount of plastic pollution in the ocean.
E.
Adoption of additional prohibitions on the use and distribution of
polystyrene and single use plastics will be brought back for city
council consideration following completing of further public outreach
and education.
(Ord. 5964 § 2, 2021; Ord. 6015, 11/14/2023)
means any retail establishment located within or doing business
within the geographical limits of the city.
means shelf-safe packaging that typically contains layers
of paper, plastic, and aluminum.
means a consumable drink in a sealed box, bag, can, bottle,
or other container of any size, and including, but are not limited
to, alcohol, coffee, energy drinks, milk, soy milk, nut milk, juice,
soda, soft drinks, sports drinks, tea, yogurt drinks, water, carbonated
water, and flavored water.
means any business, organization, entity, group, or individual
that offers liquid, slurry, frozen, semi-frozen, or other forms of
beverages to its members or to the public for consumption.
means a type of biodegradable plastic derived from biological
substances rather than from petroleum.
means the city of Glendale, California, a municipal corporation.
means a concession that is either operated by city employees,
that is permitted by the city and operated by third-parties, or is
a concessionaire hired by the city.
means any person that enters into an agreement with the city
to furnish products or services to or for the city.
means collectively, any city-managed event, city concession,
city-sponsored event, as defined herein, or city meeting that is organized,
operated, managed or sponsored, in whole or in part, by the city or
any department of the city.
means any building, structure, property, park, open space,
or vehicle, owned or leased by the city.
means any event located at a city facility which the city
manages and or operates either directly through city employees or
through a vendor hired by the city.
means any event, activity or meeting organized or sponsored,
in whole or in part by the city or any department of the city.
means including or involving all parts of the city.
means that all the material in a product or package will
disintegrate or break down, or otherwise become part of, usable compost
(e.g., soil-conditioning material or mulch) in a safe and timely manner.
Compostable material must be made of paper, certified compostable
plastics that meet ASTM D6400 or ASTM D6868 for composability or cellulose-based
packaging capable of being decomposed through composting or anaerobic
digestion.
means any person obtaining goods from an affected retail
establishment, vendor or non-profit vendor.
means single-use, disposable products used for serving, consuming
or transporting prepared food and or beverage (excepting sealed, pre-packaged
beverages, e.g., water bottles), including, but not limited to, plates,
bowls, trays, wrappers or wrapping, platters, cartons, condiment containers,
cups or drink ware, straws, lids, cutlery, utensils, stirrers, lid
plugs (splash sticks), or any container in or on which prepared food
or beverages are placed, packaged or served for consumption.
means any business, organization, entity, group or individual,
that provides or sells prepared food.
means all containers, utensils, bowls, plates, food trays,
cups, lids, boxes, and other like items that are used for prepared
foods, including, without limitation, foodware for takeout foods and
or leftovers from partially consumed meals prepared by food or beverage
providers.
means a recognized tax exempt organization which provides
goods as a part of its services.
means any person, business, corporation, or event organizer
or promoter; public, non-profit or private entity, agency or institution;
or partnership, association, or other organization or group, however
organized.
means any formed or molded beverage container comprised predominantly
of plastic resin, having a relatively inflexible fixed shape or form,
having a neck that is smaller than the container body, and intended
primarily as a single-service container.
means a thermoplastic petrochemical material utilizing the
styrene monomer, including, but not limited to, rigid polystyrene
and expanded polystyrene, processed by any number of techniques, including,
but not limited to, fusion of polymer spheres (expandable bead polystyrene),
injection molding, expanded polystyrene molding, or extrusion-blow
molding (extruded polystyrene), and clear or solid polystyrene (oriented
polystyrene). The resin code for polystyrene is '6' or 'PS,' either
alone or in combination with other letters. This definition applies
to all polystyrene food service ware, regardless of whether it exhibits
a resin code.
means any cooler or ice chest made of polystyrene material,
where such material is not fully encased in another durable material.
means any food or beverage prepared using any cooking or
food preparation technique and which is offered for consumption citywide.
means any tray or carton for vegetable, fruit, or eggs sold
to consumers from a refrigerator case or similar retail appliance.
means any uncooked meat, fish, poultry, vegetable, fruit,
or egg.
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.
means a resin identification code placed on plastics to identify
the material composition for separation of different types of plastics
for recycling.
means any commercial business facility that sells goods directly
to the ultimate consumer, including, but not limited to, grocery stores,
pharmacies, liquor stores, "mini-marts," and retail stores and vendors
selling clothing, food and personal items.
means any plastics and goods that are derived primarily from
fossil fuel-based chemicals (petrochemicals) and are meant to be used
once and disposed.
means a polystyrene tray used for raw food sold to consumers
from a refrigerator case or similar retail appliance.
means any store, shop, restaurant, sales outlet, mobile food
vendor, pushcart, or other commercial establishment located within
or doing business within the city which provides perishable or nonperishable
goods.
(Ord. 5964 § 2, 2021; Ord. 6015, 11/14/2023)
A.
Except as otherwise provided in this chapter, all disposable food
service ware that food or beverage providers use to serve prepared
food and beverages at a city event must be compostable.
B.
The city, its departments, contractors, agents and employees acting
in their official capacity, shall not purchase, acquire or distribute
for public use non-compostable food service ware for use at city event.
C.
A food and beverage provider serving food at a city event shall provide
compostable disposable straws and utensils upon request only.
D.
Food and beverage providers may dispense plastic straws as an accommodation
to people with disabilities who request them to enjoy equal access
to food and beverage services at city events.
(Ord. 5964 § 2, 2021; Ord. 6015, 11/14/2023)
A.
No food or beverage provider shall distribute, or sell any polystyrene
foodware in conjunction with the sale of prepared food, raw food,
or beverages at any location within the city.
B.
No person shall sell or distribute any polystyrene foodware or polystyrene
coolers at any location within the city.
C.
No vendor in the city shall sell, distribute or use polystyrene packing
material composed in whole or in part from polystyrene, including,
but not limited to, foam peanuts, packing peanuts, foam popcorn, or
packing noodles within the city.
D.
No person may sell, distribute, or use within the city any produce,
meat and or fish trays, and or egg cartons made, in whole or in part,
from polystyrene, either as separate items or as part of the sale
of meat, fish, poultry, vegetables, or eggs sold to consumers.
E.
Food and beverage providers that distribute prepared food or raw
food or beverages in disposable foodware or disposable foodware accessories
shall:
1.
Not distribute disposables that exhibit resin code "No. 6" or "PS."
2.
Maintain documentation about the composition of the disposable foodware
or disposable foodware accessories. Such documentation shall include
information from the either the supplier, the manufacturer, or bulk
packaging for the disposables, and information which demonstrates
the disposable material is not composed of polystyrene.
F.
City employees, contractors, agents, and officers acting in their
official capacity, shall not purchase, use, or distribute products
composed in part or in whole of polystyrene.
(Ord. 6015, 11/14/2023)
No city employee, representative, contractor, agent, or official
shall use, sell, distribute, or otherwise provide any single-use plastic
beverage bottle or aseptic paper packaging while acting on behalf
of the city or while acting pursuant to a city contract or agreement.
However, city employees, representatives, contractors, agencies or
officials are not prohibited from bringing their own food or beverages
for personal consumption while acting on behalf of the city or while
acting pursuant to city contract or agreement.
(Ord. 6015, 11/14/2023)
A.
The following are exempt from the provisions of this chapter:
1.
Coolers and ice chests, other than those defined as polystyrene coolers
in this chapter.
2.
Food brought by individuals for personal consumption.
3.
During a locally declared emergency, the city, emergency response
agencies operating within the city, users of city facilities, and
food and beverage providers shall be exempt from the provisions of
this chapter.
4.
Food or beverage provider that provides or distributes a plastic
beverage straw upon request to individuals with disabilities as needed
to comply with the Americans with Disabilities Act.
B.
Food or beverage providers that are obligated to purchase or have
purchased polystyrene food or beverage service ware under a contract
entered within the year prior to the operative date of the ordinance
codified in this chapter are exempt from the provisions of this chapter
for six months following its operative date.
C.
The city manager or designee may exempt any person from Section 8.42.030 of this code, as follows:
1.
A request for an exemption shall be filed in writing with the city
manager or designee and shall include documentation supporting the
reason for the claimed exemption and shall include any other information
necessary for the city manager or designee to make a decision. The
city manager or designee may require the applicant to provide additional
information to in order to make an exemption determination. Applicants
shall promptly provide additional information requested by the city
manager or designee. Failure to provide such additional information
may result in the denial of an exemption request.
2.
The city manager or designee may grant an exemption for a maximum
of one year, with or without conditions, upon finding that compliance
would create an undue hardship. Applications for exemption renewals
will also be considered. Undue hardship includes, but is not limited
to, situations where:
a.
There are no reasonable alternatives to polystyrene food service
ware for reasons that are unique to the applicant; or
b.
Food prepared or packaged outside the city, provided such food
is not altered, packaged or repackaged within city limits; or
c.
Raw produce, poultry, vegetables, fruit, fish, meat or eggs
are not exempt; or
d.
Compliance with the requirements of this chapter would deprive
a person of a legally protected right.
(Ord. 5964 § 2, 2021; Ord. 6015, 11/14/2023)
A decision of the city manager or designee on exemption applications shall become final 15 days following the date of the decision unless an appeal to the city council is filed pursuant to the provisions of Chapter 2.88 of this code relating to the uniform appeal procedure.
(Ord. 6015, 11/14/2023)
A.
Administrative Enforcement. The provisions of this chapter may be enforced through the issuance of administrative citation process set forth in Chapter 1.24 of this code. Violators will receive one written warning notice of violation. Thereafter, violators would be subject to an administrative fine of $100.00 for a second violation within one year, $200.00 for a third violation within one year and $500.00 for each subsequent violation within one year. The imposition of administrative fines are set by resolution of the city council and may be modified from time to time.
B.
Criminal Enforcement. The provisions of this chapter may also be enforced through the criminal prosecution process. Any person who is convicted of violating this chapter shall be guilty of an infraction and upon conviction shall be punished pursuant to Chapter 1.20 of this code. In addition, no permits or license for uses or purposes where the same would violate the provisions of this title shall be issued. Any such license or permit, if issued in conflict with the provisions of this title, shall be null and void.
(Ord. 5964 § 2, 2021; Ord. 6015, 11/14/2023)
