Burbank Municipal Code Art. 4 Waste Reduction Regulations

As used in this article, unless the context otherwise clearly indicates, the following words and terms shall mean:

CITY means the City of Burbank.

CITY-AFFILIATED EVENT means any event or activity that is sponsored or co-sponsored by the City, is paid for, in part or full, using City Funds, or occurs on City-owned property.

CITY FACILITY means any building, structure, property, park, public space, or vehicle, owned, leased or operated by the City, its agents, departments, or designees. For purposes of this chapter, “City Facility” does not include City-owned buildings, structures, property, parks, public spaces, or vehicles operated by an entity other than the City pursuant to a lease or other contractual arrangement.

CITY FUNDS means all monies or other assets received and managed by, or which are otherwise under the control of the City, and any notes, bonds, securities, certificates of indebtedness or other fiscal obligations issued by the City. For purposes of this chapter, “City Funds” do not include funds received and managed by, or which are under the control of, any business improvement district.

COMPOSTABLE means consisting entirely of material that will promptly and safely break down into, or otherwise become part of, usable compost. For purposes of this article, in order to be considered Compostable a product must, at a minimum, conform to the following requirements:

1. It must be free of all intentionally added fluorinated chemicals, including, but not limited to, per- and polyfluoroalkyl substances (PFAS); and

2. It must satisfy one of the following additional requirements:

a. It must be certified as “Home Compostable” by a certifying organization acceptable to the Director. “Home Compostable” means that the material will biodegrade at moderate temperatures in a composting bin designed for home use;

b. It must be certified by its manufacturer to be composed solely of fiber-based material, such as paper or wood, without any coatings or additives that are not made entirely from fiber-based material; or

c. It must accommodate a specific foodservice application for which the Director has determined that no Single-Use Foodware that complies with subsection 2.a or 2.b of this definition is readily available, and it must have been certified as Compostable by both the Biodegradable Products Institute (“BPI”) or the Compost Manufacturing Alliance (“CMA”).

The Director may impose additional requirements to mandate that products considered “Compostable” are certified to biodegrade in less than ninety (90) days or are certified Compostable in home or community composter settings, to the extent that the Director determines that organizations exist that can reliably provide such certification and that products are readily available that have received such certification. In addition, if the Director determines that certification agencies other than CMA and BPI can provide certifications that are equivalent to those provided by CMA and BPI, the Director is authorized to designate products as “Compostable,” under subsection 2.c of this definition, that have been certified Compostable by such other certification organizations.

In accordance with this article, the Director may issue rules and guidelines that set forth requirements for products to be considered “Compostable” in accordance with this definition and identify specific products and categories of products that are, and are not, considered Compostable for purposes of this definition. Safety data sheets for all ingredients showing that the product formula does not contain fluorinated chemicals.

CUSTOMER means any natural person or such person's agent or caregiver.

DIRECTOR means the City of Burbank Public Works Director or their designee.

DISTRIBUTE means to sell, offer for sale, give, or otherwise provide or offer to provide an item, either as a separate transaction, as part of a transaction for another item, or as a complementary service.

FOOD FACILITY has the meaning set forth in California Health and Safety Code section 113789; it includes restaurants, bars, coffee shops, fast food restaurants, food carts, Grocery Stores, supermarkets, convenience stores, school cafeterias, hospitals and nursing facilities, snack bars, food trucks, juice bars, farmers markets, and temporary food facilities, such as those participating in fairs or events. “Food Facility” does not include an Online Food-Ordering Platform. For purposes of this article, the term “Food Facility” includes only businesses that are located, or that operate, within the City, or that operate within a City Facility.

GROCERY STORE has the meaning set forth in California Health and Safety Code section 113948(c)(3); it means a store primarily engaged in the retail sale of canned foods, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry, and any area within the store (that is not separately owned or operated) where food is prepared or sold, including a bakery, deli, and meat and seafood counter.

ONLINE FOOD-ORDERING PLATFORM means the digital technology provided on a website or mobile application through which a Customer can place an order for pick-up or delivery of Ready-To-Eat food. Online Food-Ordering Platforms include such platforms: operated directly by Food Facilities; operated by third parties that place Ready-To-Eat food orders with Food Facilities on behalf of Customers and then deliver the food; and operated by third-parties that place orders with Food Facilities on behalf of Customers without providing delivery service.

PFAS means organic fluorinated chemicals, such as per- and polyfluorinated substances, that do not biodegrade and therefore persist and accumulate.

PLASTIC has the meaning set forth in California Public Resources Code section 43732; it means any synthetic material made from organic polymers, such as polyethylene, polyvinyl chloride, and Polystyrene, that can be molded into shape while soft and then set into a rigid or slightly elastic form. Plastic includes all materials identified with, or conforming to, resin codes 1 to 7, inclusive, as provided in California Public Resources Code section 18015, without regard to whether such material displays a resin code.

POLYSTYRENE means a petrochemical material utilizing the styrene monomer processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead Polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam Polystyrene), and clear or solid Polystyrene (oriented Polystyrene). This definition applies to material made with Polystyrene, regardless of whether it exhibits a label or code identifying it as Polystyrene.

POLYSTYRENE COOLER means any ice chest or similar device made of Polystyrene foam, where such foam is not fully encased in another material.

POLYSTYRENE FOODWARE means a multiservice utensil as set forth in California Health and Safety Code section 113837; it includes foodware used for serving and consuming Ready-To-Eat food, including, but not limited to, plates, bowls, trays, condiment containers, cups, or drink ware, and accessories, such as cutlery, that is manufactured from Polystyrene.

POLYSTYRENE PACKING MATERIAL means Polystyrene product used to hold, cushion or protect items packed in a container for shipping, transport or storage.

PRODUCE TRAY means any item used to sell or deliver vegetables, fruit or eggs to a consumer.

READY-TO-EAT has the meaning set forth in California Health and Safety Code section 113881; it includes food and beverages that may be consumed without additional preparation to achieve food safety.

RECYCLABLE means capable of being source-separated or otherwise removed from the waste stream when discarded, and then feasibly recycled, salvaged, processed, or marketed by any means other than landfilling or burning, and returned to use by society, irrespective of whether it is Compostable. For Single-Use Foodware to be considered Recyclable, it is necessary that recycling, salvage, or processing facilities be readily available, and they must have the technical and operational ability, as well as adequate capacity, to receive, recycle, salvage and/or process the material from which such Single-Use Foodware is composed, and there must be a market for such recycled, salvaged, or processed material. In accordance with this article, the Director may issue rules and guidelines to identify which products, categories of products, and types of material are, and are not, considered Recyclable in accordance with this definition.

REUSABLE FOODWARE means a multiservice utensil as set forth in California Health and Safety Code section 113837; it includes foodware used for serving and consuming Ready-To-Eat food, including, but not limited to, plates, bowls, trays, condiment containers, cups, or drink ware, and accessories, such as cutlery, that is manufactured from durable materials and that is specifically designed to be cleaned after each use and reused.

SELF-SERVE DISPENSER or STATION means any type of dispenser, container, counter, shelf, or other location that is accessible to Customers of a Food Facility at which such Customers can independently access Single-Use Foodware Accessories.

SINGLE-USE FOODWARE means an item of food service ware within the meaning of California Health and Safety Code section 113914, that is intended for a single-use, and that is used for serving, consuming, transporting, or containing food and beverages, including, but not limited to, clamshells, pizza boxes, plates, bowls, trays, wrappers, cups, straws, stirrers, knives, forks, spoons, bags, and lids. Single-Use Foodware does not include beverage containers that are subject to the California Redemption Value (“CRV”) in accordance with the California Beverage Container Recycling and Litter Reduction Act, Public Resources Code section 14500, et seq. In addition, for purposes of this article, Single-Use Foodware article does not include items, such as ketchup bottles and pickle barrels, that are not intended for a single-use but that would nevertheless be considered Single-Use Foodware under California Health and Safety Code section 113914 because they do not meet specified materials, durability, strength, and cleanability specifications.

SINGLE-USE FOODWARE ACCESSORY (SINGLE-USE FOODWARE ACCESSORIES) means Single-Use Foodware that is provided alongside or with Ready-To-Eat food, including straws, stirrers, knives, forks, spoons, chopsticks, condiment packets, condiment containers, napkins, cup lids, spill plugs, and hot beverage sleeves. Single-Use Foodware Accessory does not include plates, cups, bowls, containers, wrappers, bags or other Single-Use Foodware that are used for holding or containing Ready-To-Eat food while it is being delivered, transported, or consumed.

SOLID WASTE MANAGEMENT RULES AND REGULATIONS (SWMRR) means rules and regulations promulgated by the Public Works Director, implementing provisions relating to City’s solid waste, recycling and/or Landfill/composting operations, and other requirements necessary to facilitate operations and preserve the public health and safety. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

A. No person or business shall sell or distribute Polystyrene Foodware.

B. No person or business shall sell Polystyrene Coolers.

C. No business shall sell, distribute or use Polystyrene Packing Material, including, but not limited to, foam, peanuts, packing peanuts, foam popcorn, packing noodles or shipping boxes; provided, however, that the disposal of any Polystyrene Packing Materials which were part of any shipment originating outside of the City shall not constitute a prohibited use under this provision.

D. No person or business may sell, offer for sale or otherwise distribute, within the City, any meat, fish or poultry tray, Produce Tray or egg carton made, in whole or in part, from Polystyrene. This prohibition shall be applicable to the actual selling, offering for sale or distribution of any such Polystyrene item, as well as to the distributing of any of such Polystyrene item in conjunction with the selling, offering for sale or distribution of meat, fish, poultry, vegetable, fruit or eggs.

E. No person or business shall distribute or sell Polystyrene Foodware at City facilities that have been rented, leased or are otherwise being used with permission of the City. All facility rental agreements for any City facility shall include a provision requiring contracting parties to assume responsibility for preventing the use, sale and/or distribution of Polystyrene Foodware while using City facilities. The facility rental agreement shall indicate that a violating contracting party's security deposit will be forfeited if the Director or their designee determines that Polystyrene Foodware was used, sold or distributed in violation of the rental agreement.

F. No person or business shall use, sell or distribute Polystyrene Foodware at City-sponsored events, events that are open to the public, City-managed concessions or at City meetings.

G. This section is effective July 1, 2024. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

A. Effective January 1, 2026, Ready-To-Eat food served for consumption by a Customer on the premises of Food Facilities, shall only be distributed in Reusable Foodware.

B. Nothing in this section prohibits Food Facilities from providing a “doggy-bag” (Single Use Foodware) to prevent food waste as long as the Single-Use Foodware complies with Section 4-2-404. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

A. Effective January 1, 2026, no Food Facility may Distribute to Customers Single-Use Foodware that is not either Compostable or Recyclable.

B. The Director will provide a list of compliant Single-Use Foodware that will be posted in the SWMRR. If a product is not included on the Director's list, that product shall be deemed prohibited and a Food Facility using prohibited Single-Use Foodware will have the burden of establishing, to the Director's satisfaction, that the product complies with this Section. The Director’s list shall be updated annually. Any revision to the list rescinding an authorization of a Single-Use Foodware product shall not become effective until six months after the date that the Director updates the list. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

A. No Food Facility may automatically provide any Single-Use Foodware Accessory to a Customer with their order of Ready-To-Eat food. Food Facilities may provide Single-Use Foodware Accessories to a Customer with their order of Ready-To-Eat food only if the Customer requests that they be provided such accessories, and only if such Single-Use Foodware Accessories comply with Section 4.2.404 of this article.

B. Nothing in this article prohibits a Food Facility that is providing Ready-To-Eat food to drive-through Customers from asking the Customer if they would like to be provided Single-Use Foodware Accessories that the Food Facility makes available for Customers. This article does not prohibit a Food Facility from making available to Customers Single-Use Foodware Accessories from a Self-Serve Dispenser or Station. Single-Use Foodware Accessories, however, shall not be bundled or packaged in a manner that prohibits a Customer from taking only the type of Single-Use Foodware Accessory, if any, that may be desired without also having to take a different type of Single-Use Foodware Accessory. Nothing in this article prohibits a Food Facility from providing to Customers Single-Use Foodware Accessories that are included as part of a product that is pre-packaged by a manufacturer, such as a juice box or pre-packaged salad.

C. A Food Facility that operates an Online Food-Ordering Platform for its Customers to order Ready-To-Eat food for delivery or take-out shall, if it offers Single-Use Foodware Accessories to its Customers, provide options on such platform to enable Customers to select which of the available Single-Use Foodware Accessories, if any, the Customer chooses to have included with their order. Food Facilities shall not provide any Single-Use Foodware Accessories to Customers that order Ready-To-Eat food through their own Online Food-Ordering Platform unless those Customers have requested such accessories, either through the Online Food-Ordering Platform or in-person when picking up their order.

D. If a Food Facility uses any Third-Party, Online Food-Ordering Platform for Ready-To-Eat food, the Food Facility shall customize its menu with a list of available Single-Use Foodware Accessories. A Food Facility that prepares orders of Ready-To-Eat food for Customers who have placed those orders through a Third-Party, Online Food-Ordering Platform shall not provide any Single-Use Foodware Accessories with the order unless the Customer has selected such Single-Use Foodware Accessories through options provided on the Online Food-Ordering Platform, in accordance with Section 4-2-406, or the Customers have requested such accessories in-person when picking up their order.

E. Nothing in this article shall be construed to require Food Facilities to provide Single-Use Foodware Accessories to Customers ordering Ready-To-Eat food.

F. Notwithstanding any other provision of this article, Food Facilities may include single-use cup lids, spill plugs, and hot beverage sleeves with drive-thru and delivery orders of Ready-To-Eat food orders that include beverages, without a Customer request, for safety reasons, including to avoid spillage.

G. The requirements of this Section do not apply to jails, detention facilities, correctional institutions, licensed healthcare facilities, residential care facilities and public and private school cafeterias provided with Ready-To-Eat food. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

A. Except as provided in subsection (2) below, Online Food-Ordering Platforms that conduct business in the City, either by picking up Ready-To-Eat food from a Food Facility located within the City for delivery to a Customer, or by delivering Ready-To-Eat food to a Customer at a location within the City, shall comply with the following requirements to enable Customers to select which Single-Use Foodware Accessories, if any, the Customers chooses to have included with their order:

1. A third-party, Online Food-Ordering Platform must provide Food Facilities with the opportunity to specify which Single-Use Foodware Accessories, if any, the Food Facility chooses for Customers to be offered on their menus appearing on the food-ordering platforms, so that Customers may select which accessories, if any, they choose to have included with their orders.

2. If a Food Facility chooses not to specify any Single-Use Foodware Accessories to be offered to Customers on its menu appearing on the Online Food-Ordering Platform, then the Online Food-Ordering Platform shall post the following statement with such Food Facility's menu: “This restaurant has chosen not to make single-use foodware accessories available on its online menu.”

B. The requirements of this article do not apply to Single-Use Foodware that are included with Ready-To-Eat food that is pre-packaged outside of the City, provided that such Ready-To-Eat food is Distributed to the Customer as originally packaged. If a Food Facility adds any Single-Use Foodware when providing such pre-packaged food to a Customer, such additional Single-Use Foodware must comply with this article. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

A. Effective July 1, 2024, no person shall Distribute any water packaged in single-use Plastic, except where specific hydration requirements exist for employees working outside with no reasonable alternative to Plastic bottled beverages that will serve the same purpose; or Distribute Single-Use Foodware that is not Compostable or Recyclable at:

1. City-Affiliated Events, regardless of whether the event is private or public.

2. City Facilities including use of City Facilities through a rental, lease, or other agreement.

B. Effective July 1, 2024, City Funds shall not be used to purchase water that is packaged in single-use Plastic, including by purchase orders, purchasing cards, grant money, reimbursements, or other expenditures. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

The requirements of this article do not apply to supplies and services provided in response to an emergency that is declared or ratified by the City Council, or the State or federal government. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

A. Waivers may be granted by the Director, with or without conditions, based upon a determination that requiring a Food Facility to comply with this article, or any portion thereof, would result in undue hardship and/or other extraordinary, insurmountable circumstances determined by the Director. Undue hardship may include, but is not necessarily limited to, the following situations:

1. Compliance with this article will result in undue hardship because of a Food Facility’s lack of space;

2. Compliance with this article will result in an undue financial hardship for a Food Facility; or

3. No suitable products are available.

B. During the waiver term, the Food Facility shall make diligent efforts to become compliant. It is the responsibility of the Food Facility to apply for any waivers or extensions in a timely manner.

C. Appeals of the denial of any waiver shall be in accordance with Burbank Municipal Code Section 2-1-1501 and following. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

A. Violations of this article shall be enforced according to the administrative citation and appeals process outlined in Section 1-1-108.1 of the Burbank Municipal Code. The City will issue a warning letter to the business operator and provide 60 days to correct the violation before issuing an administrative citation.

B. The remedies and penalties in this section are cumulative and not exclusive. This section does not limit the City’s ability to enforce violations through other provisions of this Burbank Municipal Code or applicable law.

C. The City Manager may temporarily suspend the provisions of this article and its enforcement if needed to preserve the public peace, health, or safety, including scenarios involving an emergency or natural disaster.

D. The Director shall promulgate rules and establish guidelines for implementing and enforcing the ordinance consistent with this article. Any such rules or guidelines, or amendments thereto, shall become effective 30-days after the Director posts them. The Director shall post each of these rules and guidelines in an easily accessible location on the City website and shall provide copies to any person upon request. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

Each Food Facility and Online Food-Ordering Platform subject to this article shall maintain records, in either written or electronic form, evidencing compliance with this article, and retain these records for a period of three (3) years, and shall make them available for inspection at the request of the City. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

A. No Food Facility, Online Food-Ordering Platform, or its agent(s) or employee(s), may violate any provision of this article.

B. No Food Facility, Online Food-Ordering Platform, or its agent(s) or employee(s), may permit or conceal a violation of any provision of this article.

C. The failure of a Food Facility, Online Food-Ordering Platform, or its agent(s) or employee(s), to allow any authorized City official or such official's authorized representative to conduct unscheduled inspections of the premises of the business for purposes of ensuring compliance with any provision of this article, at any time the business is open for business, shall constitute a violation.

D. Any person who deliberately falsifies records under this article is guilty of a misdemeanor.

E. A violation of this article is hereby declared to be a public nuisance pursuant to the Burbank Municipal Code. [Added by Ord. No. 24-4,008, eff. 3/15/24.]

1 Prior legislation: Ordinance 22-3,969 repeals and replaces Title 9, Ch. 1, Art. 1, which derived from Ordinances 2194, 2217, 2271, 2304, 2444, 2639, 2665, 2782, 2819, 2874, 2918, 2929, 2952, 2960, 3038, 3058, 3151, 3310, 3323, 3352, 3379, 3380, 3438, 3469 and 3828.

2 State law reference: As to abatement of weeds, see Gov.C. §§ 39500-39587.

3 Code history: Formerly Article 2, Title 7, Chapter 7; and Article 4 of this chapter. (Ord. Nos. 2194 and 2217.)

4 State law reference: As to prohibition against dumping on public property, see Health & S.C. § 4476. As to sewage overflowing on public property, see Health & S.C. § 4476. As to dumping of garbage on streets, see Health & S.C. § 4476; Pen.C. § 374.3, Veh.C. §§ 23111-23112.