This chapter shall be known as the "City of Encinitas Bottled Beverage Ordinance."
(Ord. 2020-02)
The purpose of this chapter is to establish standards and procedures for environmental waste and litter reduction measures and promote environmentally sustainable practices throughout the City by prohibiting the use and distribution of plastic bottled beverages at a City facility or at a special event.
(Ord. 2020-02)
For purposes of this chapter only, the terms below have the following meaning:
"City"
means the City of Encinitas.
"City contractor"
means any person that enters into an agreement with the City to furnish products or services to or for the City.
"City facility"
means any building, structure, property, park, open space, or vehicle, owned, leased or operated by the City, its agents, agencies, departments or franchisees.
"City funds"
means all monies or other assets received and managed by, or which are otherwise under the control of the City, and any notes, bonds, securities, certificated of indebtedness or other fiscal obligations issued by the City.
"City property"
means real property, including any buildings thereon, owned or leased by the City of Encinitas and in the City of Encinitas's possession or in the possession of a public or private entity under contract with the City of Encinitas to perform public purposes, including, but not limited to, public beaches and parks. This definition includes a City street and City facility.
"City street"
means the public right-of-way owned by the City (e.g. streets, sidewalks, public alleys).
"Distribute"
means to sell, offer for sale or otherwise provide or offer to provide an item, either as a separate transaction or as part of a transaction for another item.
"Person"
means any person, business, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group, however organized.
"Plastic bottled beverage"
means drinking water, sparkling water, enhanced water, soda, sports drinks, juice, or other similar products in a rigid plastic bottle, having a capacity of one liter or less, and intended primarily as a single-service container.
"Rigid plastic bottle"
means any formed or molded 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.
"Special event"
means any scheduled or planned event occurring within the City of Encinitas requiring a special event permit, that impacts the normal use of public or private property, or disrupts the normal flow of traffic or access to public property or public right-of-way and which can reasonably be expected to require support by the City and County government and/or personnel. Types of events include, but are not limited to, celebrations, festivals, fairs, musical gatherings, organized aquatics, sporting or similar events accessible to the public and may include live or amplified music and/or a stage, may include the sale of alcohol requiring an ABC permit and/or associated regulations, and the use of booths or vendors.
(Ord. 2020-02)
A. 
No person shall distribute plastic bottled beverages on City property.
B. 
Effective September 1, 2020, no person shall distribute plastic bottled beverages at a special event held indoors or outdoors.
C. 
All new, renewed, and amended leases, operations permits granted under Chapter 6.11 of the Encinitas Municipal Code, or other such agreements awarded by the City which authorize a person to use City property shall prohibit the sale or distribution of plastic bottled beverages.
(Ord. 2020-02)
A. 
The provisions of Section 11.29.040 and 11.29.050 shall not apply:
1. 
Emergencies;
2. 
Plastic bottled beverages brought by individuals for personal consumption or use to City property, including, but not limited to, City parks and the beach, provided that the City property is being used for individual recreation or similar purposes;
3. 
When there are hydration requirements for City employees working outside (e.g. field work) and no reasonable alternative to plastic bottled beverages will serve the same purpose;
4. 
When the City Manager, or his/her designee, determines that the use or distribution of plastic bottled beverage is necessary to protect the public health, safety and welfare, and no reasonable alternative to plastic bottled beverages will serve the same purpose.
B. 
The City Manager or his/her designee may waive the provisions of this chapter, in full or in part, upon written request by any person, claiming that the conditions of the chapter would cause an undue hardship, as follows:
1. 
A request for waiver shall be filed in writing with the City Manager or his/her designee and shall include documentation of the reason for the claimed waiver and any other information necessary for the City to make its decision. A waiver application shall include all information necessary for the City to make its decision, including, but not limited to, documentation showing the factual support for the claimed waiver. The City may require the applicant to provide additional information as necessary to make the required determinations.
2. 
The City Manager or his/her designee may approve the exemption for a maximum of one year, with or without conditions, upon finding that compliance would create an undue hardship. Undue hardship shall be construed to include, but not be limited to, situations where:
a. 
There are no reasonable alternatives to plastic bottled water for reasons that are unique to the person; or
b. 
Compliance with the requirements of this chapter would deprive a person of a legally protected right. the waiver may be extended for additional terms of up to one year each, upon a showing of the continuation of the legal right.
3. 
The City Council may by resolution establish a fee for waiver applications. The application fee shall be an amount sufficient to cover the costs of processing the waiver application.
(Ord. 2020-02)
A. 
Any violation of this chapter shall be enforced through the Administrative Citation Program set forth in Chapter 1.08 of the Encinitas Municipal Code.
B. 
Each violation of this chapter shall be considered a separate offense.
C. 
The remedies and penalties provided in this chapter are cumulative and not exclusive and nothing in this shall preclude the City from pursuing any other remedies. The City Attorney may seek legal, injunctive, or any other relief to enforce the provisions of this chapter and any regulations or administrative procedure developed pursuant hereto.
D. 
In addition to any other applicable civil or criminal penalty, any person convicted of a violation of this chapter is guilty of an infraction, which is punishable pursuant to the penalty provisions set forth in Chapter 1.08 of this code.
(Ord. 2020-02)
A. 
Any person violating, causing or maintaining a violation of any provision of this chapter may be issued an administrative citation assessing a civil fine as provided in this section. The procedures for the imposition, enforcement, collection, and administrative review of civil fines shall be in addition to, and not in lieu of, any criminal, civil or other legal remedy established by law and available to the City to address violations of this chapter.
B. 
Notwithstanding subsection A of this section, upon a first violation of any provision of this chapter by a retail establishment, the City Manager or his/her designee shall issue a notice of violation to the offending retail establishment. The notice of violation shall specify the violation(s), a date by which the violation(s) must be ceased and abated, and the penalties in the event of future violations. If, after the specified correction period established by the notice, the violation is not ceased or abated, the City Manager or his/her designee may issue an administrative citation assessing fines in accordance with this section.
C. 
Each separate violation following the issuance of a warning notice of violation shall be subject to the following administrative fines which shall be cumulative with each day that a violation occurs constituting a separate violation:
1. 
A fine not exceeding $100.00 for the first violation following the issuance of a warning notice.
2. 
A fine not exceeding $200.00 for the second violation following the issuance of a warning notice.
3. 
A fine not exceeding $500.00 for each additional violation that occurs following the issuance of a warning notice.
D. 
Each administrative citation issued for a violation of this chapter shall at a minimum contain the information specified in Section 1.08.080 of the Encinitas Municipal Code, Administrative Citations, and any person receiving an administrative citation may contest the citation, and shall be entitled to an administrative hearing, pursuant to the procedures set forth in that chapter.
(Ord. 2020-02)
If any section, subsection, subdivision, paragraph, sentence, clause, phrase or portion of the ordinance codified in this chapter is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The City Council hereby declares that it would have adopted said ordinance and each section, subsection, subdivision, paragraph, sentence, clause, phrase and portion of this ordinance irrespective of the fact that one or more, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional to this end, the provisions of the ordinance codified in this chapter are declared severable.
(Ord. 2020-02)