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HomeMy WebLinkAbout2750 Repealing City-Wide Ban on the Sale of Food in Polystyrene ContainersOrdinance No. 2750 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING PORTIONS OF ORDINANCE 2150 AND PORTIONS OF PORT TOWNSEND MUNICIPAL CODE CONTAINED IN SECTION 6.20.010 AND .020 RELATING TO THE SALE OF FOOD IN CONTAINERS MADE WITH POLYSTYRENE WHEREAS, in order to reduce solid waste and limit chlorofluorocarbons (CFCs) used in the manufacture of polystyrene, the City Council on March 21, 1989 adopted Ordinance 2147, which prohibited serving or packaging prepared food in polystyrene foam containers; and WHEREAS, the City Council on April 18, 1989 adopted Ordinance 2150, amending Ordinance 2147 and extending the prohibition to include sale of packaged or prepared food in polystyrene containers; and WHEREAS, the above polystyrene bans have been in effect within city limits since January 1990, and WHEREAS, the City Council reviewed this matter at its study session on October 9, 2000, to discuss rescinding the city-wide ban; and WHEREAS, the City Council determines it appropriate to repeal the portion of PTMC 6.20.020 relating to the sale of food in packages made with polystyrene, because maintaining the ban is no longer in the public interest or welfare. NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Repeal and Amendment. Portions of Ordinance 2150 is hereby repealed, and portions of Ordinance 2147, as codified in PTMC Section 6.20.010 Definitions and .020 Unlawful Use of Harmful Packaging Materials, are hereby amended to read as follows (strike is deleted, underline is added): 6.20.010 Definitions. As used in this chapter: A. "Biodegradable" means material capable of being broken down by micro-organisms into simple substances or basic elements. B. "Customer" means any restaurant or retail food vendor. C. "Food vendor" means any restaurant or retail food vendor. D. "Food packager" means any person, located within the city, who places meat, eggs, bakery products, or other food in packaging materials for the purpose of offering such products for retail sale. E. "Nonprofit food provider" means a recognized tax-exempt organization which provides food as a part of its services. F. "Prepared food" means food or beverages which are served on the vendor's premises without preparation, or are prepared on the vendor's premises by cooking, chopping, slicing, mixing, brewing, freezing or squeezing. "Prepared food" includes said foods and beverages whether consumed on- or off-premises. "Prepared food" does not include any uncooked meat or-eggs. G. "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized. H. "PSF" means polystyrene foam. I. "Recycled" means a type of material which is separated from other solid wastes and used as a raw material in the manufacture of a new product or use. J. "Restaurant" means any establishment located within the city which sells prepared food to be eaten by customers. K. "Retail food vendor" means any store, shop, sales outlet or other-establishment, including a grocery store, supermarket or delicatessen, located within the city, which sells prepared food. L. "Reuse" means the process by which a product is reclaimed or reprocessed into another useful product. 6.20.020 Unlawful food packaging. It shall be unlawful for any restaurant, retail food vendor, food packager or nonprofit food provider to sell, serve or package prepared food in containers or wrappers made in whole or in part of polystyrene foam (PSF) products. SECTION 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. 2 Ord. 2750 This ordinance shall take effect and be in force five days after the date of publication of this ordinance (or a summary) in the manner provided by law. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this ~ day of /e/.JF2~/~.~ ~ ,2000. Ge ff Masci~ ~ o ', y-- Attest: Pam Kolacy, City Clerk Approved as to Form: John P. Watts, City Attorney 11/9/2000 9:03 AM caG:Ord\ {CH6.20Unlawful Food Packaging 11 06 00} 3 Ord. 2750