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(b) The Director is authorized to promulgate regulations, guidelines and forms and to take any and all other actions reasonable and necessary to implement and enforce this Chapter.
(c) Nothing in the Chapter 16 shall conflict, or be construed to conflict, with the Americans with Disabilities Act, the Unruh Act, the Disabled Persons Act, or other applicable laws concerning the rights of individuals with disabilities. In particular, nothing in this Chapter shall restrict, or be construed to restrict, the availability of single-use plastic straws to individuals who may require and request the use of single-use plastic straws.
(i) It shall not be a violation of this Chapter for any place of public accommodation to provide single-use plastic straws to individuals who request such plastic straws.
(ii) Nothing in this Chapter shall restrict, or be construed to restrict, the ability of places of public accommodation to purchase or otherwise acquire single-use plastic straws in sufficient numbers to meet the needs of individuals who request such plastic straws.
(d) In addition, nothing in this Chapter 16 shall restrict, or be construed to restrict, the availability of single-use plastic straws to individuals who may require use of plastic straws in relation to medical circumstances.
(e) The Department shall conduct multi-lingual public outreach and education, including providing information to educate affected Food Vendors, businesses, and customers, about the provisions of this Chapter 16.
(Added as Sec. 1605 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 [see note at end of Chapter]; amended by Ord. 201-18, File No. 180519, App. 8/10/2018, Eff. 9/10/2018, Oper. 7/1/2019; Ord. 294-18, File No. 181004, App. 12/7/2018, Eff. 1/7/2019, Oper. 7/1/2019)
(Former Sec. 1606 added by Ord. 295-06, File No. 060944, App. 11/29/2006; renumbered as Sec. 1607 and amended by Ord. 140-16, File No. 160383, App. 7/29/2016, Eff. 8/28/2016, Oper. 1/1/2017)
(a) The Director shall issue a written warning to any person he or she determines is violating Sections 1603(a) or (c), 1604(a), (b), (d), (g), (h), or (i), or 1605(a), (b), or (c), or 1611(a) of this Chapter. If after issuing a written warning of violation from the Director, the Director finds that person continues to violate the provisions of Sections 1603(a) or (c), 1604((a), (b), (d), (g), (h), or (i), or 1605(a), (b), or (c), or 1611(a), the Director may apply for or impose the various sanctions provided in this Section.
(b) Any person who violates the provisions of Sections 1603(a) or (c), 1604(a), (b), (d), (g), (h), or (i), or 1605(a), (b), or (c), or 1611(a) of this Chapter shall be guilty of an infraction. If charged as an infraction, upon conviction thereof, said person shall be punished for the first offense by a fine of not more than $100.00 for a first violation; not more than $200.00 for a second violation in the same year and not more than $500.00 for each subsequent violation in the same 12-month period.
(c) The Director may issue an administrative fine to any person violating Sections 1603(a) or (c), 1604(a), (b), (d), (g), (h), or (i), or 1605(a), (b), or (c), or 1611(a) in accordance with Administrative Code Chapter 100, which is hereby incorporated by reference.
(d) The City Attorney may seek legal, injunctive, or other equitable relief to enforce this Chapter, including without limitation, civil penalties in an amount not exceeding $100.00 for the first violation, $200.00 for the second violation, and $500.00 for each subsequent violation in any given 12-month period.
(e) The City may not recover both administrative and civil penalties pursuant to subsections (c) and (d) for the same violation. Penalties collected under subsections (c) and (d), which may include recovery of enforcement costs, shall be used to fund implementation and enforcement of this Chapter.
(Added as Sec. 1606 by Ord. 295-06, File No. 060944, App. 11/29/2006; renumbered as Sec. 1607 and amended by Ord. 140-16, File No. 160383, App. 7/29/2016, Eff. 8/28/2016, Oper. 1/1/2017 [see note at end of Chapter]; amended by Ord. 201-18, File No. 180519, App. 8/10/2018, Eff. 9/10/2018, Oper. 7/1/2019)
(Former Sec. 1607 added by Ord. 295-06, File No. 060944, App. 11/29/2006; repealed by Ord. 140-16, File No. 160383, App. 7/29/2016, Eff. 8/28/2016, Oper. 1/1/2017)
If any section, subsection, sentence, clause, or phrase of this Chapter 16 is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The Board of Supervisors hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.
(Former Sec. 1608 added by Ord. 295-06, File No. 060944, App. 11/29/2006; repealed by Ord. 140-16, File No. 160383, App. 7/29/2016, Eff. 8/28/2016, Oper. 1/1/2017)
This Chapter 16 is intended to be a proper exercise of the City’s police power and role as a market participant, to operate only upon its own officers, agents, employees, and facilities, and other persons acting within the City’s boundaries, and not to regulate inter-city or interstate commerce. Nothing in this Chapter shall be interpreted or applied so as to create any requirement, power or duty in conflict with any federal or state law.
(Former Sec. 1609 added by Ord. 295-06, File No. 060944, App. 11/29/2006; renumbered as Sec. 1608 and amended by Ord. 140-16, File No. 160383, App. 7/29/2016, Eff. 8/28/2016, Oper. 1/1/2017)
In undertaking the implementation of this Chapter 16, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officer and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Former Sec. 1610 added by Ord. 295-06, File No. 060944, App. 11/29/2006; renumbered as Sec. 1609 and amended by Ord. 140-16, File No. 160383, App. 7/29/2016, Eff. 8/28/2016, Oper. 1/1/2017)
(a) Beginning on January 1, 2020, Event Producers providing Prepared Food beverages at Events must either make Reusable Beverage Cups available to no less than 10% of their attendees, or be able to demonstrate to the Director that reasonable effort has been made to ensure that at least this percentage of attendees or visitors brought or will have access to a Reusable Beverage Cup at the Event. The Director may pass regulations to increase this percentage in furtherance of the objectives of this Chapter.
(b) To meet the requirement in subsection (a), Event Producers may provide, lend, or sell Reusable Beverage Cups to Event attendees, and promote or incentivize attendees to bring their own Reusable Beverage Cups. A permit application for any Event must indicate how the requirement in subsection (a) shall be met. The Event Producer’s selected method for meeting the requirement in subsection (a) must be included in any contract, agreement, or permit for the Event.
(c) Use, handling, and sanitation of Reusable Beverage Cups at Events must comply with all applicable state and local laws, regulations, and guidelines.
(d) Waivers. Any Event Producer may petition the Director for a full or partial waiver of the requirements of this Section 1611 as they apply to a particular Event, if the Event Producer can (1) demonstrate that the Event Producer is not able to access Reusable Beverage Cups for the Event, or (2) that the application of this Section would create undue hardship or practical difficulty for the Event Producer that is not generally applicable to other Event Producers in similar circumstances.
(Added by Ord. 201-18, File No. 180519, App. 8/10/2018, Eff. 9/10/2018, Oper. 7/1/2019)
(Former Sec. 1611 added by Ord. 295-06, File No. 060944, App. 11/29/2006; renumbered as Sec. 1610 and amended by Ord. 140-16, File No. 160383, App. 7/29/2016, Eff. 8/28/2016, Oper. 1/1/2017)
Ordinance 140-16 amends sections of this Chapter, as shown in the history notes above. Section 4 of that ordinance provides as follows:
Effective Date; Operative Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor’s veto of the ordinance. This ordinance shall become operative on January 1, 2017; provided, however, that the application of this ordinance to Meat and Fish Trays shall become operative on July 1, 2017.