HomeMy WebLinkAbout2147 Prohibiting the Use of Polystyrene Foam Containers for Food Packaging 6
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AN ORDINANCE RELATING TO HEALTH, SANITATION
AND THE ENVIRONMENT; PROHIBITING THE USE OF
POLYSTERENE FOAM CONTAINERS FOR FOOD
PACKAGING; AND ADDING NEW SECTIONS TO TITLE 6
OF THE PORT TOWNSEND MUNICIPAL CODE.
WHEREAS, the City of Port Townsend values its natural environment
and desires to protect and preserve this heritage for the health
and enjoyment of future generations; and
WHEREAS, the City Council has adopted in Chapter 19 of the Port
Townsend Municipal Code certain environmental policies of the
Washington State Environmental Policy Act, including
"Fulfill the responsibilities of each generation as trustee
of the environment for succeeding generations;"
"Assure for all people of Washington safe, healthful,
productive, and esthetically and culturally pleasing
surroundings;" and
"Enhance the quality of renewable resources and approach the
maximum attainable recycling of depletable resources;" and
WHEREAS, the Environmental Protection Agency has issued a
national municipal waste strategy, The Solid waste Dilemma: An
Agenda for Action, calling for a twenty-five percent reduction of
solid waste by 1992; and
WHEREAS, fifty-three nations have signed the Montreal Protocol on
Substances that ~eplete the ozone Layer, a United Nations
Agreement which pledges a fifty percent reduction in
chlorofluorocarbons (CFC) by the year 2000; and
WHEREAS, polystyrene foam containers made with chlorofluoro-
carbons release CFC's into the atmosphere depleting the earth's
ozone layer which protects the planet from ultraviolet radiation
which can cause skin cancer, eye damage and other threats to
public health and survival; and
WHEREAS, readily disposable consumer plastic containers and
wrappers made from polyethylene, polypropylene and polystyrene
foam which are increasingly used for takeout foods are
essentially not biodegradable and as litter do not decompose over
time into the natural environment; and
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WHEREAS, because polystyrene foam litter is highly durable,
bouyant, and non-biodegradable, such litter persists and detracts
from the appearance of the community longer than many other types
of litter; and
WHEREAS, polystyrene foam packaging takes up more space in
landfills than many other packaging materials because of the
comparably low density and high volume of this material; and
WHEREAS, the use of readily disposable consumer plastic
containers and wrappers has increased markedly in recent years
and projections indicate a significant growth in their use; and
WHEREAS, recycling of readily disposable consumer plastic
containers and wrappers, including polystyrene foam products, has
not been intensively pursued by manufacurers or major retail
users of these products; and
WHEREAS, a cooperative, public-private effort is necessary to
increase recycling of polystyrene foam food containers and
wrappers to enhance community development and preserve
environmental quality; and
WHEREAS, this ordinance will serve the public interest by
reducing the amount of non-biodegradable waste littering Port
Townsend because substitute packaging is expected to be composed
of biodegradable materials in whole or in part; and by reducing
the quantity of non-biodegradable waste deposited in landfills
serving the City of Port Townsend, thereby extending the
operating life of landfill facilities and reducing the mounting
economic burden on Port Townsend residents imposed by siting and
developing new landfill areas; and
WHEREAS, although it is recognized that other commonly-used food
packaging materials are also non-biodegradable and contribute to
litter and landfill problems, the City Council finds that it is
necessary, appropriate and reasonable to regulate polystyrene
foam food packaging while not regulating other types of food
packaging at this time for the following reasons:
A. Polystyrene foam is the least dense, commonly-used food
packaging material, and therefore is more wasteful of
landfill space than any other category of food packaging
material. Accordingly, it is appropriate to regulate
polystyrene foam as the initial step in a long-term program
to reduce litter, minimize wasteful use of landfill space,
and preserve the natural environment;
B. Ingestion of polystyrene foam particles has been
identified as a hazard to wildlife, while this problem has
not arisen with other food packaging materials; and
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(Port Townsend 4/89)
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C. Because regulation of a wider range of food packaging
materials could cause disruption in the ability of local
establishments to serve the public, it is appropriate and
reasonable to take an incremental approach to eliminating
undesirable packaging materials to assure that suitable
substitute products are available; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION
ASSEMBLED, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. A new Chapter 6.20 is hereby added to the Port
Townsend Municipal Code entitled
UNLAWFUL USE OF HARMFUL PACKAGING MATERIALS
Section 2. A new section 6.20.010 is hereby added to the Port
Townsend Municipal Code to read as follows:
6.20.010 Definitions.
"Biodegradable" as used in this chapter, means material
capable of being broken down by micro-organisms into simple
substances or basic elements.
"Customer" as used in this chapter, means any person
purchasing food or beverages from a restaurant or retail food
vendor.
"Food vendor" as used in this chapter, means any restaurant
or retail food vendor.
"Food packager" as used in this chapter, means any person,
located within the City of Port Townsend, who places meat, eggs,
bakery products, or other food in packaging materials for the
purpose of offering such products for retail sale.
"Non-profit food provider" as used in this chapter, means a
recognized tax-exempt organization which provides food as a part
of its services.
"Prepared food" as used in this chapter, 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.
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(Port Townsend 4/89)
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"Person" as used in this chapter, means any natural person,
firm, corporation, partnership, or other organization or group
however organized.
"PSF" as used in this chapter, means polysyrene foam.
"Recycled" as used in this chapter, 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.
"Restaurant" as used in this chapter, means any
establishment located within the City of Port Townsend, which
sells prepared food to be eaten by customers.
"Retail food vendor" as used in this chapter, means any
store, shop, sales outlet or other establishment, including a
grocery store, supermarket or delicatessen, located within the
City of Port Townsend, which sells prepared food.
"Reuse" as used in this chapter, means the process by which
a product is reclaimed or reprocessed into another useful
product.
Section 3. A new section 6.20.020 is hereby added to the Port
Townsend Municipal Code to read as follows:
6.20.020 Unlawful food packaginG. It shall be unlawful for
any restaurant, retail food vendor, food packager or non-profit
food provider to serve or package prepared food in containers or
wrappers made in whole or in part of polystyrene foam (PSF)
products.
Section 3. A new section 6.20.030 is hereby added to the Port
Townsend Municipal Code to read as follows:
6.20.030 Quty to post notice. Each restaurant, retail
food vendor, food packager or non-profit food provider shall at
all times and in each such place of business conspicuously post a
public notice summarizing this ordinance. Such notice is to be
produced and supplied by the City of Port Townsend at no cost to
the establishment.
Section 4. A new section 6.20.040 is hereby added to the Port
Townsend Municipal Code to read as follows:
6.20.040 Exemptions. The City Council may exempt a
restaurant, retail food vendor, food packager or non-profit food
provider from the requirements of this ordinance for a period of
up to one year upon a showing by the applicant that the
restrictions of this ordinance would cause undue hardship due to
unique circumstances, infringement upon a legally protected
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right, or lack of alternative packaging products which are beyond
the control of the restaurant, vendor, packager or provider.
Section 5. A new section 6.20.050 is hereby added to the Port
Townsend Municipal Code to read as follows:
6.20,050 Violation, penalties. This ordinance is made
for the protection of the health, welfare and natural environment
of the residents of the City of Port Townsend, and violation
hereof shall constitute a misdemeanor punishable by the penalties
provided by law.
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Section 6. Severability. In the event any one or more of the
provisions of this ordinance shall for any reason be held to be
invalid, such invalidity shall not affect or invalidate any other
provision of this ordinance, but this ordinance shall be
construed and enforced as if such invalid provision had not been
contained therein; provided, that any provision which shall for
any reason be held by reason of its extent to be invalid shall be
deemed to be in effect to the extent permitted by law.
Section 7. Effective Date.
effective on January 1, 1990.
This ordinance shall become
Read for the first time on .March.7, 1989 and for the
second and third times and passed by the City Council of the City
of Port Townsend, Washington, at a regular meeting thereof, held
this 21st day of March. , 1989.
David A. Grove/~ity~ C~I~~
Approved as to form:
Keith C. Harper, City Attorney
M~:3-14-89
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