Arcata Municipal Code Art. 4 Plastic Bottle Waste Reduction

The City Council of the City of Arcata finds and declares the following:

A. Single use plastic bottles are commonly found littering creeks, beaches and streets and the use of single-use plastic bottles has environmental impacts, including greenhouse gas (GHG) emissions, litter, harm to wildlife, water consumption and solid waste generation.

B. According to the CalRecycle, in 2016, 11.3 billion plastic bottles were sold in California as compared to 8 billion aluminum cans in the same time period. Therefore, more plastic bottles are produced and sold than aluminum cans.

C. CalRecycle further reports that in 2016, aluminum cans were recycled far more than plastic bottles at a rate of ninety-one percent (91%) for aluminum cans compared to seventy-six percent (76%) for plastic bottles.

D. Additionally, CalRecycle reports that in 2016, far more plastic bottles were exported out of the United States for processing (one hundred twenty thousand (120,000) tons) than aluminum cans (one thousand six hundred forty-nine (1,649) tons) thereby adding to the carbon footprint of plastic bottles.

E. An important goal of the City is to procure and use sustainable products and services, and to discourage the community-wide use of single-use plastic bottles.

F. The City desires to conserve resources, reduce the amount of GHG emissions, waste, litter and marine pollution and to protect the public health and welfare including wildlife, all of which increase the quality of life for the residents and visitors. (Ord. 1527, eff. 3/6/2020)

A. No person may sell or distribute Bottled Beverages at any activity for which the City has issued a permit allowing the activity to be held in or on City Property.

B. In the event that containers greater than twenty-one (21) ounces in size are utilized, single-use containers (e.g., single-use cups) may be used in the serving of beverages but must conform to the requirements pursuant to Article 3 – Foodware Waste Reduction.

C. The City shall not enter into any new leases, contracts, or other forms of agreement, or issue any new permits, bid proposals, or solicitations; or renew, amend or reissue any existing leases, contracts, agreements or permits, which allow City Property to be used for the sale or distribution of Bottled Beverages.

D. City funds shall not be used to purchase Bottled Beverages except as exempted or allowed under this Article. The City’s purchasing policies shall be amended for consistency with this Article.

E. It shall be City policy not to have drinking water systems (i.e. vending machines) in City offices and facilities that use Bottled Beverages of any size where sufficient alternatives exist and are feasible. City offices and facilities shall conform drinking water systems to this policy where reasonable.

F. It shall be City policy to increase the availability of drinking water for public consumption in public areas by ensuring access to drinking fountains, potable water hook-ups, and with particular emphasis on providing water bottle filling stations. City departments will take all reasonable and appropriate steps to promote and facilitate achievement of the intent and requirements of this Article.

G. It shall be a City goal to encourage the inclusion of water bottle filling stations for public use in privately owned developments. (Ord. 1527, eff. 3/6/2020)

A. The provisions of this Article shall not apply when the City Manager finds that relying on Bottled Beverages is necessary in a given situation to protect the public health, safety and welfare, and no reasonable alternative will serve the same purpose.

B. The provisions of this Article shall not apply to emergencies.

C. The City Manager or designee may waive the requirements of this Article in full or in part if it is demonstrated to the satisfaction of the City Manager or designee that strict compliance would not be feasible, would create undue hardship or practical infeasibility, or that other reasonable circumstances warrant waiving the requirements of this Article.

D. The provisions of this Article shall not apply where there are hydration requirements for employees working outside (e.g., fieldwork) and no reasonable alternative to Beverage Bottles will serve the same purpose.

E. The provisions of this Article do not apply to an Event for which the applicant submitted a complete application for review, or received approval, prior to the effective date of the Ordinance codified in this Article.

F. Nothing in this Article shall be construed to impair a lease, contract, permit, bid proposal, solicitation, or other form of agreement to which the City is a party on the effective date of the Ordinance codified in this Article. (Ord. 1527, eff. 3/6/2020)

A. The City shall take appropriate steps to educate and inform the public about the Bottled Beverage requirements of this Article.

B. The Director of Environmental Services shall have primary responsibility for enforcement of this Article. The Director is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this Chapter.

C. Violations shall not be enforced for the first year following the effective date of this Article.

D. Any person who violates this Article shall be considered guilty of an infraction for each offense and subject to those penalties as established by the City Council.

E. Any violation of this Article may result in a forfeiture of up to the entire amount of the violating permit holder’s facility use deposit, if any, in the discretion of the City Manager.

F. In addition to any other remedy available, any violation of this Article by any person is subject to the following administrative fines pursuant to California Government Code Section 53069.4, and pursuant to Title I, Chapter 3 of the Arcata Municipal Code.

G. The City of Arcata may seek legal, injunctive, or other equitable relief to enforce this Chapter.

H. The remedies and penalties provided in this Section are cumulative and not exhaustive, and nothing in this Chapter shall preclude the City of Arcata from pursuing any other remedy provided by law. (Ord. 1527, eff. 3/6/2020)

TITLE V—SANITATION & HEALTH