A. 
Plastic solid waste that is nondegradable or nonrecyclable poses an acute problem for any environmentally and financially responsible solid waste management program, according to a Plastics White Paper issued by the State of California Integrated Waste Management Board[1]. Such waste covers the City's streets, parks, public places and open spaces and results in environmental damage and disruption of the ecological balance.
[1]
State of California Integrated Waste Management Board. 2003. Plastics White Paper: Optimizing Plastics Use, Recycling, and Disposal in California.
B. 
Products which are biodegradable/compostable or recyclable offer environmentally sound alternatives to nondegradable and nonrecyclable products currently in use. By decaying into their constituent substances, biodegradable and compostable products, compared to their nondegradable equivalents, are less of a danger to the natural environment and less of a permanent blight on the City's landscape.
C. 
The release of chlorofluorocarbons ("CFCs") into the environment may endanger public health and welfare by causing or contributing to significant depletion of the stratospheric ozone layer, leading to increased penetration of ultraviolet radiation into the atmosphere. CFCs are manufactured chemicals that remain in the atmosphere for decades, slowly migrating upwards without reacting with any other chemicals.
D. 
The widespread use of CFC-processed food packaging poses a threat by the introduction of toxic byproducts into the atmosphere and environment of the City. Restricting the sale of CFC-processed food packaging in retail food establishments in the City would contribute to slowing ozone loss and greenhouse gas buildup, thereby protecting the public health.
E. 
In addition to emitting CFCs, plastic food service items take hundreds of years to decompose and cannot be recycled. However, these food packaging items can be and are made from other materials, such as recycled or virgin paper, and other biodegradable products which are not made using CFCs.
F. 
Polystyrene is a petroleum processing by-product. Oil is a nonrenewable resource obtained by increasingly hazardous methods including offshore drilling, which poses significant dangers to the environment. Alternative products which are biodegradable or recyclable pose fewer overall hazards than continued and expanded reliance on oil-based products.
G. 
Take-out food packaging constitutes the single greatest source of litter in the City and is a significant contributor to the total amount of waste entering the City's waste stream. Minimizing the amount of disposable straws given out to customers and providing recyclable or compostable food wares will help reduce the amount of harmful plastic litter that ends up on our streets, in our storm drains and on our beaches, thus furthering the health, safety and welfare of the City.
H. 
Reduction of the amount of nondegradable and nonrecyclable waste that enters the waste stream and encouraging the use of recyclable and/or compostable containers further this goal.
I. 
At least 26 species of cetaceans (whales, dolphins and porpoises) have been documented to ingest plastic debris[2] and 52 percent of sea turtle species worldwide have ingested plastic[3].
[2]
Baird, R.W. and S.K. Hooker. 2000. Ingestion of Plastic and Unusual Prey by a Juvenile Harbour Porpoise. Marine Pollution Bulletin, 2000.
[3]
Schuyler, Q., B.D. Hardesty, C. Wilcox, and K. Townsend. 2013. Global Analysis of Anthropogenic Debris Ingestion by Sea Turtles. Conservation Biology, 2013.
J. 
Approximately 10 to 20 million tons of plastic end up in the oceans each year according to a WorldWatch Institute analysis. This plastic debris results in an estimated $13,000,000,000 a year in losses from damage to marine ecosystems, including financial losses to fisheries and tourism as well as time spent cleaning beaches[4].
[4]
Worldwatch Institute. 2015. Global Plastic Production Rises, Recycling Lags. http://www.worldwatch.org/global-plastic-production-rises-recycling-lags-0
K. 
The City borders the Monterey Bay National Marine Sanctuary, a Federal preserve that supports one of the most diverse and delicate marine ecosystems in the world. Eliminating the use of chlorofluorocarbons, polystyrene and other harmful materials from all establishments within the City, and promoting the transition to recyclable and compostable materials, will help protect this sanctuary.
(Ord. 89-14, 1989; Ord. 2008-05, 2008; Ord. 2017-11, 2017)
Except as otherwise defined or where the context otherwise indicates, the following defined words shall have the following meaning:
A. 
"ASTM standard"
means meeting the standards of the American Society for Testing and Materials International Standards D6400 or D6868 for biodegradable and compostable plastics, as those standards may be amended.
B. 
"Biodegradable"
means the entire product or package will completely break down and decompose into elements found in nature within a year after customary disposal.
C. 
"CFC-processed food packaging"
means food packaging which uses chlorofluorocarbons as blowing agents in its manufacture.
D. 
"Chlorofluorocarbons (CFCs)"
means the family of substances containing carbon, fluorine and chlorine and having no hydrogen atoms and no double bonds.
E. 
"City facility"
means any building, structure or vehicle owned and operated by the City, its agents, agencies, and departments.
F. 
"City contractor"
means any person or entity that has a contract with the City 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.
G. 
"Compostable"
means all the materials in the product or package will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a safe manner and in approximately the same time as the materials with which it is composted. Compostable disposable food service ware must meet ASTM standards for compostability and any bio-plastic or plastic-like product must be clearly labeled, preferably with a color symbol, to allow proper identification such that the collector and processor can easily distinguish the ASTM standard compostable plastic from non-ASTM standard compostable plastic.
H. 
"Customer"
means any person purchasing food from a restaurant or retail food vendor.
I. 
"Disposable food service ware"
means single-use disposable products used 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, hinged and lidded containers, straws, cup lids, and utensils.
J. 
"Food packaging"
means all food-related wrappings, bags, boxes, containers, bowls, plates, trays, cartons, cups, lids, on which or in which food is placed or packaged on the restaurant or food vendor's premises, and which are not intended for re-use. Food packaging does not include single-service condiment packages or candy wrappers.
K. 
"Food vendor"
means any vendor located or providing food within the City 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, produce stand, or any other person who provides prepared food; and any organization, group or individual which regularly provides food as part of its services.
L. 
"Polystyrene"
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). The term "polystyrene" also includes clear or solid polystyrene.
M. 
"Prepared food"
means food or beverages prepared for consumption on the food preparer's premises, using any cooking or food preparation technique.
N. 
"Recyclable food packaging"
means any food packaging including glass, cans, cardboard, paper, mixed paper or other items which can be recycled, salvaged, composted, processed or marketed by any means other than landfilling or burning, whether as fuel or otherwise, so that they are returned to use by society. It includes any material that is accepted by the City's franchise waste hauler for recycling.
O. 
"Restaurant"
means any establishment located within the City selling prepared food to be consumed on or about its premises by customers.
P. 
"Special events promoter"
means an applicant for any special events permit issued by the City or any City employee(s) responsible for a City-organized special event.
Q. 
"Supplier"
means any person selling or otherwise supplying food packaging to a restaurant or retail food vendor.
R. 
"Take-out food"
means prepared foods or beverages requiring no further preparation to be consumed and which are generally purchased for consumption off the retail food vendor's premises.
S. 
"Wholesaler"
means any person who acts as a wholesale merchant, broker, jobber or agent, who sells for resale.
(Ord. 89-14, 1989; Ord. 2008-05, 2008; Ord. 2017-11, 2017)
A. 
Restaurants.
1. 
Except as provided in CMC § 8.68.070, no restaurant shall provide prepared food to its customers in CFC-processed food packaging or polystyrene food packaging, nor shall any restaurant purchase, obtain, keep, sell, distribute, provide to customers or otherwise use in its business any CFC-processed food packaging or polystyrene food packaging.
2. 
As to any food packaging obtained after the effective date of the ordinance codified in this chapter, each restaurant shall obtain from each of its suppliers a written statement executed by the supplier, or by a responsible agent of the supplier, stating that the supplier will not supply: (a) any CFC-processed food packaging, (b) polystyrene food packaging, or (c) food packaging or disposable food service ware that is not biodegradable/compostable or recyclable to that restaurant. Additionally, the supplier will note on each invoice for food packaging or disposable food service ware supplied to that restaurant that the packaging covered by the invoice is (a) not CFC-processed food packaging, (b) not polystyrene food packaging, and (c) biodegradable/compostable or recyclable; and the identity of the packaging's manufacturer.
3. 
Restaurants shall retain each supplier's written statement for 12 months from the date of receipt of any food packaging from that supplier.
B. 
Food Vendors.
1. 
Except as provided in CMC § 8.68.070, no food vendor shall sell take-out food in CFC-processed food packaging or polystyrene food packaging, nor shall any food vendor purchase, obtain, keep, sell, distribute or provide to customers or otherwise use in its business any CFC-processed food packaging or polystyrene food packaging.
2. 
As to take-out food packaging obtained or purchased after the effective date of the ordinance codified in this chapter, each food vendor shall comply with the requirements of subsections (A)(2) and (3) of this section.
C. 
Wholesalers. No wholesaler located and doing business within the City shall sell, distribute or provide to customers or keep within the City any CFC-processed food packaging or polystyrene food packaging, except as provided in CMC § 8.68.070.
(Ord. 89-14, 1989; Ord. 2008-05, 2008; Ord. 2017-11, 2017)
A. 
Restaurants.
1. 
All restaurants within the City of Carmel-by-the-Sea utilizing disposable food packaging shall exclusively use biodegradable/compostable or recyclable products.
2. 
Each restaurant shall maintain written records as detailed in CMC § 8.68.030(A)(2) and (3) evidencing its compliance with this section.
B. 
Food Vendors.
1. 
All food vendors within the City of Carmel-by-the-Sea utilizing disposable food packaging shall exclusively use biodegradable/compostable or recyclable products.
2. 
Each food vendor shall maintain written records as detailed in CMC § 8.68.030(A)(2) and (3) evidencing its compliance with this section.
(Ord. 89-14, 1989; Ord. 2008-05, 2008; Ord. 2017-11, 2017)
On and after April 22, 2018:
A. 
Restaurants. All restaurants utilizing any disposable food service ware shall use biodegradable/compostable or recyclable products. Compostable products must be ASTM-certified.
B. 
Food Vendors. All food vendors utilizing any disposable food service ware shall use biodegradable/compostable or recyclable products. Compostable products must be ASTM-certified.
(Ord. 2017-11, 2017)
A. 
It shall be unlawful for any supplier to make any misstatement of material fact to any food vendor or to the City Administrator, or her/his agents, regarding the biodegradable/compostable or recyclable nature of, or the use of or nonuse of, CFC-processed food packaging or polystyrene food packaging supplied to any food vendor or to the City.
B. 
Food vendors are responsible for maintaining records as detailed in CMC § 8.68.030(A)(2) and (3) proving compliance with this chapter.
(Ord. 89-14, 1989; Ord. 2008-05, 2008; Ord. 2017-11, 2017)
All statements and documents required by this chapter shall be made available for inspection and copying by the City Administrator, Code Enforcement Officer, Environmental Compliance Manager, or her/his designated representative. It shall be unlawful for any person having custody of such documents to fail or refuse to produce such documents upon request by the City Administrator, Code Enforcement Officer, Environmental Compliance Manager, or her/his designated representative.
(Ord. 89-14, 1989; Ord. 2008-05, 2008; Ord. 2017-11, 2017)
The City Administrator, Code Enforcement Officer, Environmental Compliance Manager, or her/his designated representative, may exempt an item or type of food packaging from the requirements of this chapter, upon a showing that the item or type has no acceptable non-CFC-processed, biodegradable/compostable or recyclable food packaging equivalent and that imposing the requirements of this chapter on that item or type would cause undue economic hardship by increasing its cost of purchase by over 20 percent. No exceptions shall be approved for the use of polystyrene. Said documentation shall include a list of suppliers contacted to determine the nonavailability of such alternative packaging.
The City Administrator, Code Enforcement Officer, Environmental Compliance Manager, or her/his designated representative, may exempt a business from the requirements of this chapter, upon a showing that compliance would cause undue economic hardship for their business. Documentation of hardship shall include a list of suppliers contacted and cost differential data. No exceptions shall be approved for the use of polystyrene.
(Ord. 89-14, 1989; Ord. 2008-05, 2008; Ord. 2017-11, 2017)
The City shall not purchase any CFC-processed food packaging or polystyrene food packaging, nor shall any City-sponsored event utilize such packaging. All City facilities and departments using any disposable food service ware and/or packaging, and any City sponsored event, shall use biodegradable/compostable or recyclable disposable food service ware.
(Ord. 89-14, 1989; Ord. 2008-05, 2008; Ord. 2017-11, 2017)
The City Administrator, Code Enforcement Officer, Environmental Compliance Manager, or her/his designated representative, is authorized to take actions necessary to legally enforce this chapter, including, but not limited to, inspecting any food vendor's premises to verify compliance with this chapter and any regulations adopted thereunder.
(Ord. 89-14, 1989; Ord. 2008-05, 2008; Ord. 2017-11, 2017)
A. 
Violations of this chapter may be enforced with this section.
B. 
The City Administrator, Code Enforcement Officer, Environmental Compliance Manager, or her/his designated representative, shall be responsible for enforcing this chapter and shall have authority to issue citations for violations.
C. 
Food vendors and restaurants violating or failing to comply with any of the requirements of this chapter shall be guilty of an infraction.
D. 
The City Attorney may seek legal, injunctive, or other relief to enforce the provisions of this chapter.
E. 
The remedies and penalties provided in this chapter, as set out under subsection H of this section, are cumulative and not exclusive of one another.
F. 
The City, in accordance with applicable law, may inspect the vendor or food provider's premises to verify compliance.
G. 
Food vendors shall state that they are in compliance with this chapter on their annual business license renewal forms.
H. 
Violations of this chapter shall be enforced as follows:
1. 
For the first violation, City Administrator, Code Enforcement Officer, Environmental Compliance Manager, or her/his designated representative, shall issue a written warning to the food vendor or restaurant specifying that a violation of this chapter has occurred and which further notifies the food vendor or restaurant of the appropriate penalties to be assessed in the event of future violations. The food vendor or restaurant will have 30 days to comply.
2. 
The following penalties will apply for subsequent violations of this chapter:
a. 
A fine not exceeding $250.00 for the first violation 30 days after the first warning. The City Administrator or designee may allow the violator, in lieu of a payment of a fine, to submit receipts demonstrating the purchase after the citation date, of at least $250.00 worth of biodegradable, compostable, or recyclable products appropriate as an alternative disposable food service ware for the items which led to the violation.
b. 
A fine not exceeding $500.00 for the second violation 60 days after the first warning.
c. 
If not in compliance 90 days after the first warning, the establishment may be scheduled for a business license revocation hearing with the Planning Commission in accordance with CMC § 5.12.040.
3. 
Food vendors who violate this chapter in connection with commercial or noncommercial special events shall be assessed fines as follows:
a. 
A fine not to exceed $500.00 for an event of one to 200 persons.
b. 
A fine not to exceed $800.00 for an event of 201 to 400 persons.
c. 
A fine not to exceed $1,000.00 for an event of 401 or more persons.
(Ord. 89-14, 1989; Ord. 2008-05, 2008; Ord. 2017-11, 2017)