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It shall be unlawful for any person, other than a city officer, employee or agent acting in the course of official duties, to do any of the following:
(A) To jump from any portion of a bridge;
(B) To climb on or over any portion of the railing of a bridge.
(Ord. No. 2996)
For the purposes of this article, the following words shall have the following meanings:
(A) AB 1276 - The California State Assembly Bill regulating the distribution of single-use foodware accessories by food vendors to be made available only upon request of the consumer. The new law applies to plastic and non-plastic single-use foodware items and standard condiments.
(B) SB 54 - The California Senate Bill entitled the Plastic Pollution Prevention and Packaging Producer Responsibility Act requires local jurisdiction to either recycle or prohibit the distribution of certain covered materials, which include but are not limited to single use plastic foodware.
(C) CONSUMER - Has the same meaning as in Cal. Health and Safety Code, Section 113757.
(D) COVERED MATERIAL - Has the same meaning as in Public Resources Code, Section 42041(e)(1)(A) and (B)(i) and (ii).
(E) FOOD FACILITY - Has the same meaning as in Cal. Health and Safety Code, Section 113789.
(F) READY-TO-EAT FOOD - Has the same meaning as in Cal. Health and Safety Code, Section 113881.
(G) REFILLABLE SELF-SERVICE DISPENSER - A container or equipment that is used to hold disposable foodware accessories for customers to obtain at their discretion.
(H) PLASTIC - A covered material that is a synthetic or semisynthetic material chemically synthesized by the polymerization of organic substances that can be shaped into various rigid and flexible forms, and includes coatings and adhesives. PLASTIC includes, without limitation, polyethylene terephthalate (PET), high density polyethylene (HDPE), polyvinyl chloride (PVC), low density polyethylene (LDPE), polypropylene (PP), polystyrene (PS), polylactic acid (PLA), and aliphatic biopolyesters, such as polyhydroxyalkanoate (PHA) and polyhydroxybutyrate (PHB). PLASTIC does not include natural rubber or naturally occurring polymers such as proteins or starches.
(I) PLASTIC FOODWARE - Single-use foodware made partially or entirely of plastic.
(J) SINGLE-USE - Designed to be used once and then discarded, and not designed for repeated use and sanitizing.
(K) SINGLE-USE FOODWARE ACCESSORY - All of the following single-use items provided alongside ready-to-eat food:
(1) Utensils, which are defined as forks, knives, spoons, sporks, and chopsticks.
(2) Condiment cups and packets.
(3) Straws.
(4) Stirrers.
(5) Splash sticks.
(6) Cocktail sticks.
(7) Containers, including but not limited to bowls, plates, and trays.
(8) Cups and cup lids.
(L) STANDARD CONDIMENT - Relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
(M) THIRD-PARTY FOOD DELIVERY PLATFORM - Has the same meaning as in Cal. Health and Safety Code, Section 113930.5.
(Ord. No. 3017, 3033)
(A) No food facility shall use or distribute any single-use plastic foodware within the city.
(B) Food facilities within the city may only use and distribute non-plastic foodware in accordance with this section.
(C) Except as provided in divisions (E) and (F), a food facility, for on-premises dining or when using a third-party food delivery platform, shall not provide any plastic foodware, and shall not provide any single-use foodware accessory or standard condiment packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is requested by the consumer.
(D) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.
(E) A food facility may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
(F) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.
(G) (1) A third-party food delivery platform shall provide consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.
(2) If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. If a consumer does not select any single-use foodware accessories or standard condiments, no single-use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food.
(H) Nothing in this section shall prohibit a food facility from making unwrapped single-use foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use foodware accessories to be obtained.
(I) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use.
(J) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use foodware accessories or standard condiments to a consumer.
(K) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that support a goal of reducing the use of and waste generated by all single-use food service products.
(Ord. No. 3017, 3033)
This article does not apply to any of the following:
(A) This article shall not apply to refillable self-service dispensers. Food service vendors may therefore make standard condiments and single-use foodware accessories available for customers to obtain as needed. Food service vendors are encouraged to use bulk dispensers for the condiments rather than individual condiment packets.
(B) This article shall not apply to the following institutions or facilities:
(1) Correctional institutions, which has the same meaning as in Cal. Penal Code, Section 7502.
(2) Health care facilities licensed pursuant to Cal. Health and Safety Code, Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 or facilities that are owned or operated by a health care service plan licensed pursuant to Cal. Health and Safety Code, Chapter 2.2 (commencing with Section 1340) of Division 2.
(3) Residential care facilities licensed pursuant to Cal. Health and Safety Code, Division 2 (commencing with Section 1200).
(4) Public and private school cafeterias, as referenced in Cal. Health and Safety Code, Section 113789(b)(1), are partially exempt from this article with the exception of Section-343 divisions (A) and (B).
(Ord. No. 3017, 3033)
(A) The city manager, or his/her designee, shall have primary responsibility for enforcement of this article and shall have authority to issue citation for violation of any provision of the article. The city manager, or his/her designee, may establish regulations or administrative procedures and take any actions reasonable and necessary to further the purposes of this article or to obtain compliance with this article, including, without limitation, performing an inspection of a retail establishment’s premises to verify compliance with this article.
(B) Notwithstanding the most current schedule of fines adopted by city council resolution, the fines for a violation of this article are as follows: the first and second violations of this article shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of $25 for each day in violation, but not to exceed $300 annually.
(C) It shall be unlawful for any food facility to fail to comply with this article. Each violation of this article shall constitute a separate offense.
(D) Any violation of this article shall be subject to a fine in accordance with the administrative procedures set forth in Article III of Chapter 7 of this code.
(E) The remedies and penalties provided in this article are cumulative and not exclusive and nothing in this article shall preclude the city from pursuing any other administrative, civil, or criminal enforcement remedies available under the law and/or the city code.
(F) Enforcement of violations involving single-use plastic foodware will begin on January 1, 2025.
(Ord. No. 3017, 3033)
ARTICLE XXV. PROHIBITION OF DESIGNATED EXPANDED POLYSTYRENE PRODUCTS
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