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repealed, and portions of Ordinance 2147, as codified in PTMC Section 6.20.010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.
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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.
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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}
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