(a) No person may sell, offer for sale, or otherwise Distribute for compensation within the City:
(1) Packing Materials, including shipping boxes and packing peanuts;
(2) coolers, ice chests, or similar containers;
(3) pool or beach toys; or
(4) dock floats, mooring buoys, or anchor or navigation markers;
made, in whole or in part, from Polystyrene Foam that is not wholly encapsulated or encased within a more durable material.
(b) No person may sell, offer for sale, or otherwise Distribute for compensation within the City Meat and Fish Trays and Egg Cartons made, in whole or in part, from Polystyrene Foam, or that are not Compostable and/or Recyclable, either as separate items or as part of the sale of raw meat, fish, poultry, or eggs sold to consumers from a refrigerator case or similar retail appliance.
(c) No person may sell, offer for sale, or otherwise Distribute within the City any Packing Materials made, in whole or in part, from Polystyrene Foam, as prohibited in subsection (a), or that are not Compostable or Recyclable. For purposes of this Section 1605, Distribution of Packing Materials shall include using such materials to hold, cushion, or protect items to be packed in a container for shipping, transport, or storage, for compensation, where the packing takes place within the City.
(d) For purposes of this Section 1605, Distribution of Packing Material shall not include:
(1) Receiving shipments within the City that include Polystyrene Foam, or some other non-Compostable and non-Recyclable product, used as Packing Material;
(2) Re-using Packing Materials for shipping, transport, or storage within the same distribution system, where the Packing Materials are not sent to a consumer or end user;
(3) Donating used Packing Materials to another person, where the donor receives nothing of value for the donated Packing Materials; or
(4) Using Packing Materials donated under subsection (d)(3) for shipping, transport, or storage, where the person using the Packing Materials receives nothing of value for the donated Packing Materials.
(Former Sec. 1605 added by Ord. 295-06, File No. 060944, App. 11/29/2006; renumbered as Sec. 1606 and amended by Ord. 140-16, File No. 160383, App. 7/29/2016, Eff. 8/28/2016, Oper. 1/1/2017)