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No person shall manufacture or distribute in the City of Oxnard:
(A) EPS disposable foodware; or
(B) Non-encapsulated EPS products, including ice chests or coolers, packaging and cushioning material intended for the packaging of products, equipment, or other items, including but not limited to, packing or packaging peanuts, popcorn, or noodles.
(Ord. No. 3022)
The following EPS foodware and products are exempt from the provisions of this article:
(A) Prepared food packaged outside the city, provided such food is not altered or repackaged within the city limits.
(B) EPS insulated containers designed to safely transport by mail or common carrier prepared food, frozen goods, perishables, pharmaceuticals, biotech, and medical supplies in compliance with the Food and Drug Administration or other regulatory agency recommended temperatures.
(C) EPS containers, plates, or trays for raw eggs, butchered meats, fish, and/or poultry.
(D) Materials secured in response and due to an emergency or for a public health and safety requirement.
(E) The city may exempt a food provider or person when there is a locally declared emergency, a public health and safety requirement or a medical necessity to use an otherwise prohibited EPS product.
(F) Construction products made from, or that include, EPS if the products are used in compliance with other city, State, and federal provisions, codes, ordinances, or regulations.
(G) EPS packaging products which have been received from sources outside the city may be reused to keep them out of the waste stream.
(H) EPS materials used to ship goods produced within the city where viable alternatives are not available.
(I) Other EPS products generated or manufactured outside of the city, including: shipping boxes, pool or beach toys, and other wholly encapsulated EPS products.
(J) Situations where no reasonably feasible and available alternative exists to a specific and necessary EPS use.
(Ord. No. 3022)
(A) The City Manager shall have primary responsibility for enforcement of this article and shall have authority to issue citations for violation of any provision of this article. The City Manager may establish regulations or administrative procedures and take any actions reasonable and necessary to further the purpose of this article or to obtain compliance with this article, including, without limitation, performing an inspection to verify compliance with this article.
(B) The city may inspect and monitor affected food providers' or persons' locations to determine compliance with this article.
(Ord. No. 3022)
(A) The City Manager, charged with enforcing the provisions of the Oxnard City Code, or any provision thereof, may enter a food provider’s or person’s location within the City of Oxnard during operating hours and without notice, to request access to records for verification of procurement of EPS compliant foodware or EPS compliant products. If requested by the city, food provider or person shall provide records documenting procurement of compliant materials as stipulated by this article.
(B) It is unlawful for any food provider or person to impede, obstruct, interfere with, or otherwise not allow, the city to conduct an inspection of the location, or inspect, review, or copy records required to be maintained by a food provider or person under this article. It is also unlawful for a food provider or person to conceal, destroy, deface, or falsify any records or other documents required to be maintained under this article.
(C) It shall be unlawful for any food provider or person to fail to comply with this article.
(D) Any violation of this article or other ordinance discovered during an inspection shall constitute a separate offense.
(E) Each and every violation of the provisions of this article is hereby deemed unlawful and a public nuisance.
(F) Upon first violation of any provision of this article, the city shall issue a written notice of violation to the offending food provider or person. The notice of violation shall specify the violation(s), and a date by which the violation(s) must be ceased or abated. If, after the specified correction period, the violation is not ceased or abated, the city may issue a civil citation, assessing fines in accordance with Oxnard City Code section 1-10, which stipulates:
(1) A fine not exceeding $100 for a first violation of a code section or ordinance;
(2) A fine not exceeding $200 for a second violation of the same code section or ordinance within one year; and
(3) A fine not exceeding $500 for the third additional violation of the same code section or ordinance within one year.
(G) Any citation issued for a violation of this article shall give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing as provided for in Chapter 7, Article III of the Oxnard City Code.
(Ord. No. 3022)
(A) The first six months after this article takes effect will be an education period with no enforcement. A six month phase in period will follow the education period. This article will be fully enforced 12 months after this article takes effect.
(B) During the phase in period, in lieu of payment of any fine, violators cited may submit proof of purchase of any non-EPS containing foodware or product in any amount totaling or exceeding the amount of the fine in order to comply with this article. Proof of purchase of EPS compliant materials must be submitted within 14 days of the civil citation. Failure to provide proof of purchase will result in citation being processed and all fees and fines owed.
(Ord. No. 3022)
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.
(Ord. No. 3022)
ARTICLE XXVI. ELECTION SIGNS
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