Unless otherwise expressly stated, whenever used in this article
the following terms shall have the meanings set forth below:
means any person or entity that has a contract with the City
of Davis for work or improvement to be performed, for a franchise,
concession, for grant monies, goods and services, or supplies to be
donated or to be purchased at the expense of the city.
means any building, park, structure, vehicle or any other
property owned and operated by the City of Davis, its agents, agencies,
and departments.
means any material that will break down, or otherwise become
part of usable compost (e.g., soil-conditioning material, mulch) in
a safe and timely manner that can be composted using the city's available
composting collection program. This includes, but is not limited to,
products that meet the then applicable American Society for Testing
and Materials (ASTM) standards for compostability.
means products that are designed for one-time use in the
restaurant and food service industry for serving or transporting prepared
ready-to-consume food or beverages. This includes, but is not limited
to, plates, cups, bowls, trays, cartons and hinged or lidded containers.
means any vendor located or providing food within the City
of Davis which provides prepared food for public consumption on or
off its premises and includes, without limitation, any store, shop,
sales outlet, restaurant, grocery store, supermarket, delicatessen,
catering truck or vehicle, or any other person who provides prepared
food; and any organization, group or individual which regularly provides
food as a part of its services.
means an individual, business, event promoter, trust, firm,
joint stock company, corporation, non-profit, including a government
corporation, partnership, or association.
means and includes expanded polystyrene that is a thermoplastic
petrochemical material utilizing a styrene monomer and processed by
any number of techniques including, but not limited to, fusion of
polymer spheres (expandable bead polystyrene), injection molding,
form molding, and extrusion-blow molding (extruded foam polystyrene).
To include, but not limited to, polystyrene foam plate, bleached paperboard
plate with low density polyethylene coating, and bleached paperboard
plate with polystyrene coating.
means food or beverage prepared for consumption on the food
provider's premises, using any cooking or food preparation technique.
This does not include any raw uncooked meat, poultry, fish or eggs
unless provided for consumption without further food preparation.
means any material that can be sorted, cleansed, and reconstituted
using the city's available recycling collection program for the purpose
of using the altered form in the manufacture of a new product.
means materials that will be used more than once in its same
form by the customer, food vendor or other reuse program. Reusable
food service ware includes: food or beverage containers, packages
or trays, such as, but not limited to, soft drink bottles and milk
containers that are designed to be returned to the distributor by
the customer that is provided take-out containers. Reusable also includes
durable containers, packages or trays used on-premises, returnable
containers brought back to the food vendor and those intended to be
taken home by the consumer for reuse. Includes all containers, bowls,
plates, trays, cartons, cups, and other items that are designed for
prolonged use, including, but not limited to, durable plastic, ceramic,
glass, porcelain, and metal food service ware.
means any special event requiring a City of Davis special
event permit, which is held within the City of Davis and at which
food and/or drinks are being provided for public consumption.
(Ord. 2501 § 2, 2017)
On and after September 1, 2017:
(a)
Food providers shall not provide prepared food in any disposable
food service ware that contains or utilizes polystyrene foam.
(b)
All disposable food service ware used by food providers shall be
reusable and/or recyclable or compostable.
(c)
No person renting a city facility shall use disposable food service
ware that contains or utilizes polystyrene foam at that city facility.
(d)
Promoters and participants of special events are prohibited from
providing prepared food in any disposable food service ware that contains
or utilizes polystyrene foam.
(e)
City contractors shall not use disposable food service ware that
contains or utilizes polystyrene foam in the performance of City of
Davis contracts.
(f)
The city encourages all businesses located within or outside the
city limits to avoid using all polystyrene foam packaging.
(Ord. 2501 § 2, 2017)
(a)
Any person violating any section of this article is guilty of an
infraction. The first violation shall be subject to a fine not to
exceed one hundred dollars. The second violation within a six-month
period shall be subject to a fine not to exceed two hundred dollars,
and not to exceed five hundred dollars for the third and subsequent
violations occurring within a one-year period.
(b)
The remedies provided herein shall be in addition to all other remedies
authorized by law and the enumeration of certain remedies in this
article shall not preclude the application of any other remedies not
herein enumerated.
(c)
An administrative citation including associated fines may be issued
for any violation of this article pursuant to Davis Municipal Code
Chapter 1, Article 1.02.
(Ord. 2501 § 2, 2017)
