Arroyo Grande Municipal Code Ch. 8.34 Expanded Polystyrene

Footnotes:

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Editor's note— Ord. No. 706, § 2, adopted March 10, 2019, repealed the former Ch. 8.34, §§ 8.34.010—8.34.060, and enacted a new Ch. 8.34 as set out herein. The former Ch. 8.34 pertained to similar subject matter and derived from Ord. No. 676, § 2, adopted Feb. 9, 2016.

2019-1 by Reference.

A. As used in this Code, "IWMA Ordinance No. 2019-1" means IWMA Ordinance No. 2019-1, Regulating Polystyrene and Expanded Polystyrene Food Containers and Products, as the same may be amended from time to time.

B. IWMA Ordinance No. 2019-1 is adopted by reference as the City of Arroyo Grande Polystyrene and Expanded Polystyrene Food Containers and Products Ordinance.

C. The city clerk shall keep a true and correct copy of the current version of IWMA Ordinance No. 2019-1 on file and available for use and examination by the public during normal business hours.

(Ord. No. 706, § 2, 3-10-2020)

A. In addition to the provisions contained in Section 8 of IWMA Ordinance No. 2019-1, any violation of the provisions of this chapter by any person is subject to the penalty provisions as provided in Chapter 1.16 of this Code.

B. As required by Government Code Section 50022.4, the following are the penalty provisions contained in Section 8 of IWMA Ordinance No. 2019-1:

SECTION 8. Violations and Enforcement.

A. The IWMA may enforce the provisions of this Ordinance through a civil action for civil penalties in the amounts established herein, and any other civil remedy, including prohibitory and mandatory injunction relief, filed in the Superior Court of the County of San Luis Obispo to compel and enforce the provisions herein against any Food and Beverage provider or Vendor within San Luis Obispo County in violation of this Ordinance. In addition to any relief available to IWMA to enforce this Ordinance, the IWMA shall also be entitled to recover reasonable attorneys' fees and costs incurred in enforcing this Ordinance.

B. For any violation of this Ordinance, the IWMA may sue to recover civil penalties in the amount of $1,000.00 per day for every day on which a violation exists. For purposes of calculating the civil penalties to be established hereunder, each day on which the Food and Beverage provider or Vendor fails to comply with the requirements of this Ordinance, after having received a written notice of violation issued by the IWMA, shall constitute a separate offense.

C. In lieu of the civil penalties identified in Section 8 (B), the Executive Director may, in his/her discretion, take the following actions with regard to a Food and Beverage Provider or Vendor not in compliance:

1. Issue a written warning in which the violating party has ninety (90) days to comply.

2. Issue fines as follows:

i. A fine of one hundred dollars ($100.00) for the first violation after a written ninety (90) day warning notice is given.

ii. A fine of two hundred dollars ($200.00) for the second violation.

iii. A fine not exceeding five hundred dollars ($500.00) for the third and any future violations.

3. For the first violation, the IWMA or designee may allow the violating Food and Beverage Provider or Vendor, in lieu of payment of the administrative fine, to submit receipts demonstrating the purchase after the citation date of Reusable, Biodegradable, or Recyclable products in an amount equal to the amount of the citation.

D. In addition to the civil relief available to the IWMA set forth above, any violation of this Ordinance shall also constitute a misdemeanor punishable under the laws of the State of California. The District Attorney, the County Counsel, or any City Attorney shall be authorized to enforce the provisions of this Ordinance within their respective jurisdictions. In the event of such criminal enforcement, the following criminal penalties apply to violations of this Ordinance:

1. Violation of Misdemeanor. Violations of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor.

2. The San Luis Obispo County Sheriff's Department and/or any other police department or law enforcement agencies located within the IWMA's jurisdiction may issue a Notice to Appear Citation for any misdemeanor pursuant to California Penal Code Section 853.6 for any violation of this Ordinance.

3. Penalty for Misdemeanor. Any Food and Beverage Provider or Vendor found to be in violation of any provision of this Ordnance, or who fails to comply with any of its requirements shall upon conviction thereof be punished by imprisonment in the county jail for not more than six months, or be fined not more than one thousand dollars ($1,000.00), or both. Each day such violation continues shall be considered a separate offense.

E. To the extent any Member Jurisdictions have adopted code enforcement Ordinances applicable to their jurisdictions, this Ordinance may be enforceable by said governmental entities under said Ordinances as land-use or code-enforcement violations consistent with said Ordinances.

F. The remedies provided by this section are cumulative and in addition to any other remedies available at law or in equity.

(Ord. No. 706, § 2, 3-10-2020)