Prohibitions regarding sale or use of Styrofoam/expanded polystyrene food service articles by city contractors and special event permittees.
(A) Legislative intent. Expanded polystyrene, a petroleum byproduct commonly known as Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of years to degrade. Expanded polystyrene is a common pollutant, which fragments into smaller, non-biodegradable pieces that are harmful to marine life, other wildlife, and the environment. The city's goals are to reduce the use of expanded polystyrene by city contractors and special event permittees and encourage the use of reusable, recyclable, or compostable alternatives.
(B) Definitions. For purposes of this section only, following definitions shall apply:
(1) CITY CONTRACTOR. A contractor, vendor, lessee, concessionaire of the city and including the CRA, or operator of a city facility or property.
(2) EXPANDED POLYSTYRENE. Blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including.
(3) EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES. Plates, bowls, cups, containers, lids, trays, coolers, ice chests, and all similar articles that consist of expanded polystyrene.
(4) CITY PROPERTY OR FACILITIES. Includes, but is not limited to, any buildings, structures, parks or beaches, owned, operated, or managed by the city.
(5) SPECIAL EVENT PERMITTEE. Any person or entity issued a special event permit by the city for a special event on city property or in a city facility.
(C) City contractors or special event permittee shall not sell, use, provide food in, or offer the use of expanded polystyrene food service articles in city facilities or on a city property. A violation of this section shall be deemed a default under the terms of the city contract, lease, or concession agreement and is grounds for revocation of a special event permit. This subsection shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by the city contractor or special event permittee.
(D) Any city contract, lease, or concession agreement entered into prior to the effective date of this section or any special event permit issued prior to the effective date of this section shall not be subject to the requirements of this section, unless the city contractor or special event permittee voluntarily agrees thereto.
(E) The provisions of this section apply only to contracts, leases, or concession agreements entered into after January 1, 2018.
(Ord. 2018-22, passed 1-9-18)