The title of this chapter shall be "Solid Waste Reduction and Recycling."
(Ord. 5856, 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:
Aseptic Paper Packaging.
Shelf-safe packaging typically containing layers of paper, plastic, and aluminum.
Balloon.
A flexible bag, including, but not limited to, those made from rubber latex, foil, metal, polychloroprene, Mylar, or nylon fabric, that is designed to be inflated with air or gas lighter than air such as helium, hydrogen, nitrous oxide, or oxygen, causing it to float.
Beverage.
Any liquid, including any slurry, frozen, semi-frozen, or other forms of liquids, intended for drinking.
Beverage Provider.
Any business, organization, entity, group, or individual located within the City that offers beverages to the public for consumption.
City-Sponsored Event.
Any event organized or sponsored by the City or any department of the City.
Fluorinated Chemical Free.
An item that: (1) contains no intentionally added fluorinated chemicals beyond a City-determined acceptable threshold; (2) is listed, described, or referenced as fluorinated chemical free on the City's website; and (3) is either certified by the Biodegradable Product Institute (BPI) or other third party as recognized by the City; or (4) is a napkin, stirrer, splash stick, cocktail stick, toothpick, or utensil made entirely of natural fiber, containing no intentionally added fluorinated chemicals.
Fluorinated Chemical.
A class of fluorinated organic compounds containing at least one fully fluorinated carbon atom, also known as perfluoroalkyl and polyfluoroalkyl substances, or PFAS chemicals.
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 delicatessen, restaurant, shop, caterer, mobile food vendor, or store or supermarket that provides retail to-go or eat-in food or beverage service.
Food.
Food includes prepared food and raw food.
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 drinkware, 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.
Latex Balloon.
A balloon made with the sap from a rubber tree. During the manufacturing process many chemicals are added to raw rubber including pigments, oils, curing agents and accelerators.
Person.
An individual, business, event promoter, trust, firm, joint stock company, corporation, nonprofit, including a government corporation, partnership, or association.
Plastic Beverage Bottle.
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.
Plastic Beverage Straw.
A tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for transferring a beverage from its container to the mouth of the drinker. Plastic beverage straw includes compostable and biodegradable petroleum or biologically based polymer straws, but does not include straws that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.
Plastic Cutlery.
Any utensil, such as a fork, spoon, spork, or knife, made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources intended for only one-time use. Plastic cutlery includes compostable and biodegradable petroleum or biologically based polymer forms of cutlery, but does not include forms of cutlery that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.
Plastic Stirrer.
A device that is used to mix beverages, intended for only one-time use, and made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources. Plastic stirrer includes compostable and biodegradable petroleum or a biologically based polymer stirrers, but does not include stirrers that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.
Reusable Beverage Cup.
Any vessel or container for a prepared food beverage that is specifically designed and manufactured for repeated cleaning, disinfecting, and reuse at least 100 times, and is dishwasher safe.
Reusable Foodware.
All foodware, including plates, bowls, cups, trays, glasses, straws, stirrers, condiment cups and utensils, that is manufactured of durable materials and that is specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, and is safe for washing and sanitizing according to applicable regulations.
(Ord. 5856, 2018; Ord. 6212, 2/24/2026)
A. 
It is unlawful for any food provider or beverage provider to use plastic utensils or plastic beverage straws or stirrers, or to provide, distribute, or sell plastic utensils or plastic beverage straws or stirrers to any person.
B. 
Nothing in this section precludes a food provider or beverage provider from using, providing, distributing, or selling non-plastic alternatives to plastic utensils or plastic beverage straws, such as those made from paper, sugar cane, or bamboo, available to customers. Non-plastic alternative straws and utensils shall be provided only upon request.
C. 
It is unlawful for any person, food provider or beverage provider to distribute plastic utensils or plastic beverage straws or stirrers at any City facility or any City-sponsored event.
(Ord. 5856, 2018; Ord. 6212, 2/24/2026)
A. 
No person shall sell or distribute disposable foodware and disposable foodware accessories that do not comply with City of Santa Barbara municipal compost collection programs and are not free of all intentionally added fluorinated chemicals, as certified by the Biodegradable Product Institute (BPI) or other independent third party certifying organization or agency recognized by the City, except that non-compostable foil wrappers that are accepted in the City of Santa Barbara recyclable collection program may be used for burritos, wraps, and other items that require foil to contain and form the food item.
B. 
The City shall maintain on its website a guide to disposable foodware and disposable foodware accessories that comply with these disposable foodware standards.
C. 
Food providers and beverage providers may request an exemption from the Sustainability and Resilience Director for specific disposable foodware items.
D. 
To obtain an exemption or extension for a disposable foodware or disposable foodware accessories item, the food provider or beverage provider must demonstrate that:
1. 
No disposable foodware or disposable foodware accessories exist with substantially similar size, performance and/or utility that conforms with the disposable foodware standards.
2. 
Food providers and beverage providers must provide documentation of good faith efforts to obtain a substantially similar compliant item.
3. 
Records of attempts to obtain a compliant item may include emails, letters or other correspondence with vendors that furnish disposable foodware or disposable foodware accessories, seeking the compliant item and a timeline for compliance.
(Ord. 6212, 2/24/2026)
A. 
Prepared food or raw food or beverages served for consumption on the premises of food providers and beverage providers shall only be served using reusable foodware, except that disposable paper food wrappers, sleeves and bags; foil wrappers; paper napkins; straws and paper tray- and plate-liners shall be allowed for dining on the premises, so long as they meet the disposable foodware standards in Section 9.165.040.
B. 
Notwithstanding the requirements of subsection A above, food providers and beverage providers that do not have on-site or off-site dishwashing capacity or are unable to contract for services to wash, rinse and sanitize reusable foodware in compliance with the California State Health Code may request an extension or exemption. To obtain an extension or exemption, the prepared food vendor must demonstrate an inability to comply due to insurmountable space constraints, undue hardship and/or other extraordinary, insurmountable circumstances.
C. 
All disposable foodware and disposable foodware accessories used on the premises by food providers and beverage providers that are operating under full or partial extension or exemption obtained shall conform to the disposable foodware standards in Section 9.165.040.
D. 
Extensions for reusable foodware may be granted for a specified term of up to two years. During the extension term, the food vendor shall make diligent efforts to become compliant with the Section. Under extraordinary circumstances, should a food vendor demonstrate that, at the close or expiration of a granted extension term, and with diligent efforts to become compliant, compliance remains infeasible, additional waivers of up to two years each may be granted. It shall be the food vendor's responsibility to apply for any subsequent extensions in a timely manner.
E. 
Notwithstanding the two year maximum term for extensions set forth for reusable foodware in this subsection, in certain limited and unique circumstances existing prior to adoption of this chapter, where the food vendor demonstrates diligent efforts to comply but, due to insurmountable space and/or other unique and extraordinary circumstances, may never be reasonably able to comply, the Sustainability and Resilience Director may grant an extension for a longer specified term.
(Ord. 5856, 2018; Ord. 6212, 2/24/2026)
A. 
No person in the City shall, on behalf of a business or other organization, distribute water in single-use plastic bottles equal to or less than eight fluid ounces in volume. All City vendors, concessionaires, lessees, licensees, and permittees for facility use, special events, and temporary activities shall comply with this section.
B. 
No vendor shall sell water in single-use plastic bottles equal to or less than eight fluid ounces in volume in the City.
C. 
The provisions of this section shall not apply in the following cases:
1. 
Cases of emergency or other City situations where the Sustainability and Resilience Director finds that relying on single-use plastic water bottles is necessary to protect the public health, safety, and welfare, and no reasonable alternative would serve the same purpose, including lack of available potable water due to a natural disaster.
2. 
Provision of social services in which the distribution of water in single-use plastic bottles is necessary to promote public health, including, without limitation, to food banks and warming shelters.
3. 
Healthcare settings, to the extent that the healthcare provider determines that distribution of water in single-use plastic bottles is necessary for patient care, provided that this exemption shall not apply to the commercial sale of single-use plastic bottles within a healthcare facility.
(Ord. 6212, 2/24/2026)
A. 
No person shall sell or distribute foil, metalized, or Mylar balloons within the City either as a separate item or included in a packaged product set.
B. 
No person shall use foil, metalized, or Mylar balloons on public property within City limits, including, but not limited to, parks and beaches.
C. 
No person shall use or distribute latex balloons filled with air or lighter than air gas at any City-sponsored event.
D. 
No person shall intentionally release foil, metalized, mylar, or latex balloons filled with lighter than air gas anywhere within the City limits.
(Ord. 6212, 2/24/2026)
No City officer, official, employee, representative, contractor or agent, 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 contract or agreement with the City.
(Ord. 6212, 2/24/2026)
A. 
Any person providing food or beverage at a special event subject to Chapter 15.17 of this Code must ensure that at least 10% of beverages served at the event are served in reusable beverage cups.
B. 
A person may meet the requirement of subsection A by providing or selling reusable beverage cups at the event and may provide incentives for attendees to bring their own reusable beverage cups. A person applying for a special event permit must state in the permit application how the requirement in subsection A will be met. The compliance method will be a condition of permit issuance.
C. 
An applicant for a special event permit may request a full or partial waiver of the requirements of this Section if the applicant can demonstrate an inability to obtain reusable beverage cups for the special event, or that the application of this section would create undue hardship or practical difficulty for the applicant. The Special Event Coordinator shall obtain the approval of the Sustainability and Resilience Department before including a waiver in a special event permit.
(Ord. 6212, 2/24/2026)
A. 
No person shall sell or distribute foil, metalized, Mylar, or plastic confetti within the City.
B. 
No person shall use or distribute foil, metalized, Mylar, or plastic confetti on public property within City limits, including, but not limited to, streets, sidewalks, parks, and beaches.
C. 
No person shall use or distribute foil, metalized, Mylar, or plastic confetti at any City function or City-sponsored event.
(Ord. 6212, 2/24/2026)
A. 
Food providers and beverage providers are exempt from the provisions of this chapter under the following circumstances:
1. 
During a locally declared emergency, the City, emergency response agencies operating within the City, users of City facilities, and food providers and beverage providers shall be exempt from the provisions of this chapter.
2. 
The provision of plastic beverage straws, stirrers or cutlery when the plastic beverage straws, stirrers or cutlery are provided as a part of product that was packaged outside the City and sold within the City.
3. 
The food provider or beverage provider provides or distributes a plastic beverage straw to a person in order to assure full compliance with the Americans with Disabilities Act (42 U.S.C. Section 12102).
B. 
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.
C. 
Pursuant to California Public Resources Code Section 42272, the Sustainability and Resilience Department is designated as the agency for enforcement of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the California Public Resources Code.
(Ord. 5856, 2018; Ord. 6095, 2022; Ord. 6212, 2/24/2026)
The penalties for violation of this chapter shall be as follows:
A. 
For the first violation, a written warning notice will be issued to the beverage provider or food provider in order to confirm their understanding of the chapter and the potential penalties in the event of future violations.
B. 
The second and each successive violation shall be punishable by civil administrative fines pursuant to Chapter 1.25 of this Code. This chapter shall not be criminally enforceable.
C. 
Violations of this chapter shall be deemed to create a public nuisance. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter. Each and every piece of plastic cutlery, plastic beverage straws, or plastic stirrers provided in violation of this chapter shall constitute a separate violation of this chapter and a continuing nuisance.
(Ord. 5856, 2018; Ord. 6212, 2/24/2026)