The title of this chapter shall be "Polystyrene Food Containers and Products."
(Ord. 5844, 2018; Ord. 6212, 2/24/2026)
The purpose of these provisions is to promote:
A. 
The protection of the City's unique waterways and coastal resources including beaches, tidelands, creeks and riparian habitat.
B. 
To protect the public health, safety and general welfare.
C. 
Compliance with federal, state, and local laws regarding water quality and waste diversion.
D. 
A reduction in the amount of waste/debris in City parks, public open spaces, creeks, tidelands and the ocean, and the amount of material going to landfills.
(Ord. 5844, 2018; Ord. 6212, 2/24/2026)
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
Biodegradable.
A material that is compostable (separately defined) or the ability of organic matter to break down from a complex to a more simple form through the action of bacteria or to undergo this process.
City Contractor.
Any person or entity that enters into an agreement with the City to furnish products or services to or for the City.
City Facility.
Any building, structure or vehicle owned and operated by the City, its agents, agencies, and departments.
Compostable.
An item or material that:
1. 
Meets standards for compostability from a certified/approved independent third-party approved by the Sustainability and Resilience Department or designee, in collaboration with local waste processors, haulers, and/or other entities, as needed; and/or
2. 
Is any variation of acceptable materials that will break down or otherwise become part of usable compost in a safe and timely manner as determined by the Sustainability and Resilience Department or designee, in collaboration with local waste processors, haulers, and/or other entities, as needed; and
3. 
Is Natural Fiber-Based. Compostable items may include those that are made entirely of natural fiber or natural fiber-based items that are coated or lined with biologically based polymer, such as, but not limited to corn or other plant sources (e.g., compostable plastics), if certified/approved by independent third parties approved by the Sustainability and Resilience Department or designee.
Compostable does not include items made entirely/primarily of biologically based polymer (e.g., PLA, PHA, or other compostable plastic), even if labeled or certified as compostable.
Disposable Food Container.
A term interchangeable with to-go packaging and food packaging material and means all containers that are used to hold prepared food or drinks. Disposable food containers include clamshells, bowls, plates, trays, cartons, and cups that are intended for single use, including, without limitation, food containers for takeout foods and/or leftovers from partially consumed meals prepared by food providers.
Events Promoter.
An applicant for any event permit issued by the City or any City employee(s) responsible for any City-organized event.
Food Provider.
Any person located within the City that is a retailer of prepared food or beverages for public consumption including, but not limited to, any store, supermarket, delicatessen, restaurant, shop, caterer or mobile food vendor.
Foodware.
Products used for serving, consuming or transporting prepared food or raw food or beverages, including, but not limited to, plates, bowls, trays, cups or drink ware, or any container in or on which food or beverages are placed or packaged for consumption, as well as accessory items such as wrappers or wrapping, condiment containers, straws, and utensils.
Person.
An individual, business, event promoter, trust, firm, joint stock company, corporation, nonprofit, including a government corporation, partnership, or association.
Polystyrene Cooler.
Any cooler or ice chest made of polystyrene foam (expanded polystyrene), where such foam is not fully encased in another more durable material.
Polystyrene Foodware.
Foodware that contains or utilizes polystyrene.
Polystyrene Packages.
Any meat and fish trays, produce trays, 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, fruit, or eggs sold to consumers.
Polystyrene Packing Material.
Polystyrene material is used to hold, cushion, or protect items packed in a container for shipping, transport, or storage, including shipping boxes and packing peanuts.
Polystyrene.
A thermoplastic petrochemical material utilizing the styrene monomer, including, but not limited to, rigid polystyrene or 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 foodware, regardless of whether it exhibits a resin code.
Recyclable.
Materials that can be recycled consistent with the requirements of Chapter 7.16, including, but not limited to, aluminum, tin and bi-metal cans, clear and colored glass containers, high density polyethylene (HDPE), polyethylene terephthalate (PET), clear or rigid polystyrene, corrugated cardboard and mixed paper.
Vendor.
Any store or business which sells or offers goods or merchandise, located or operating within the City, including those referenced in the definition of "food provider."
(Ord. 5844, 2018; Ord. 6212, 2/24/2026)
A. 
This chapter does not apply to personal use by individuals of polystyrene foodware, packages, packaging, or coolers.
B. 
This chapter does not apply to the following polystyrene products:
1. 
Products made from expanded polystyrene which are wholly encapsulated or encased by a more durable material. Examples include surfboards, life preservers, and craft supplies which are wholly encapsulated or encased by a more durable material, and coolers encased in hard plastic.
2. 
Construction products made from expanded polystyrene are exempted from this chapter if the products are used in compliance with Title 22, Environmental Policy and Construction, and Chapter 22.87, Stormwater Management, for development and redevelopment projects, and used in a manner preventing the expanded polystyrene from being released into the environment.
3. 
Expanded polystyrene packaging products which have been received from sources outside the City may be reused in order to keep the products out of the waste stream.
(Ord. 5844, 2018; Ord. 6212, 2/24/2026)
A. 
The presence of non-recyclable plastic food containers on the premises of a food provider shall constitute a rebuttable presumption that such packaging is being dispensed.
B. 
Violations of this chapter shall be enforced as follows:
1. 
For the first violation, upon a determination that a violation of this chapter has occurred, the City shall issue a written warning notice to the food provider which will specify the violation and the appropriate penalties in the event of future violations.
2. 
Thereafter, any person violating or failing to comply with any of the requirements of this chapter shall be subject to remedies specified pursuant to Chapters 1.25 and 1.28 of this Code.
3. 
Each and every sale or other transfer of non-recyclable plastic food packaging shall constitute a separate violation of this chapter.
4. 
The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.
C. 
The remedies and penalties provided in this chapter are cumulative and not exclusive of other remedies and penalties available under other provisions of applicable law.
D. 
The Enforcement Officer as designated by Chapter 7.16 of this Code is responsible for enforcement and administration of this chapter. The Enforcement Officer is authorized to conduct inspections, issue citations, and to obtain inspection warrants for enforcement of this Chapter.
(Ord. 5844, 2018; Ord. 6212, 2/24/2026)