Del Mar Municipal Code Ch. 11.44 Prohibiting the Usage of Plastic Straws and Stirrers, and Prohibiting…

The purpose of this Chapter is to protect the health, safety and general welfare of the City of Del Mar residents and visitors; conserve natural resources, reduce beach litter and marine pollution, protect local wildlife, and to increase awareness in our citizens of what they can do to reduce waste.

(Ord. No. 946, § 1, 3-4-2019)

The following definitions shall be applicable when the following words or phrases are used hereafter in this Chapter, whether or not these words or phrases are capitalized:

Plastic straw means a tube made of plastic for transferring a beverage from its container to the mouth of the drinker.

Paper or biodegradable straw means a tube made of paper or of biodegradable material for transferring a beverage from its container to the mouth of the drinker.

Reusable straw means a tube made of metal or other durable material that will be used repeatedly for transferring a beverage from its container to the mouth of the drinker.

Person means an individual, business, event promoter, trust, firm, joint stock company, corporation, non-profit, including a government corporation, partnership, or association.

Prepared food means food or beverage prepared for consumption on the restaurant's premises, using any cooking or food preparation technique.

Restaurant means any vendor located or providing food within the City of Del Mar which provides prepared food for public consumption on or off its premises.

Single-use means a product that is designed to be only used one time in its same form by the customer, food vendor or other entity.

(Ord. No. 946, § 2, 3-4-2019)

Six months after the effective date of this ordinance by the City Council, restaurants shall not provide plastic straws or stirrers to their customers, and if customers request a straw, they will be provided with a paper, biodegradable or reusable straw.

(Ord. No. 946, § 3, 3-4-2019)

A. Restaurants that are obligated to purchase or have purchased plastic straws under a contract entered into within the year prior to the effective date of the ordinance codified in this Chapter are exempt from the provisions of this Chapter for six months following its operative date.

B. Undue Hardship. The City Manager, or designee, may exempt any Restaurant or person from the requirements of this Chapter for a one-year period, upon written request by applicant that the conditions of this Chapter would cause undue hardship following the operative date of the ordinance codified in this Chapter, as follows:

1. A request for an exemption shall be filed in writing with the City Manager or designee and shall include documentation of the reason for the claimed exemption and any other information necessary for the City to make its decision. An exemption application shall include all information necessary for the City to make its decision, including, but not limited to, documentation showing the factual support for the claimed exemption. The City may require the applicant to provide additional information as necessary to make the required determinations.

2. The City Manager or designee may approve the exemption application for one year, with or without conditions, upon finding that compliance would create an undue hardship. Undue hardship shall be construed to include, but not limited to, situations where:

a. Situations unique to the restaurant or individual where there are no reasonable alternatives to plastic straws and compliance with this Chapter would cause significant economic hardship to that restaurant or individual;

b. Situations where no reasonably feasible available alternatives exist to the use of plastic straws.

3. A restaurant granted an exemption by the City must reapply prior to the end of the one-year exemption period and demonstrate continued undue hardship, if it wishes to have the exemption extended. Extensions may only be granted for intervals not to exceed one year.

4. Exemption decisions by the City Manager or designee are effective immediately and final and are not appealable.

5. The City Council may by resolution establish a fee for exemption applications. The application fee shall be an amount sufficient to cover the costs of processing the exemption application.

C. This Chapter does not apply to activities on the property of the 22nd District Agricultural Association (Fairgrounds) lying within the City of Del Mar boundaries, although the City encourages the Fairgrounds to impose similar requirements on all its facilities.

(Ord. No. 946, § 4, 3-4-2019)

A. The City Manager, or designee, is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this Chapter, including, but not limited to, inspecting any food provider and commercial business premises to verify compliance.

B. Any violation of this Chapter shall be enforced through the administrative citation program set forth in Chapter 1.10 of the Del Mar Municipal Code.

C. Each violation of this Chapter shall be considered a separate offense.

D. The remedies and penalties provided in this Section are cumulative and not exclusive, and nothing in this Chapter shall preclude any person from pursuing any other remedies provided by law. The city attorney may seek legal, injunctive, or other equitable relief to enforce the provisions of this Chapter and any regulations or administrative procedure developed pursuant hereto.

E. In addition to any other applicable civil or criminal penalty, any person convicted of a violation of this Chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250.00, or a misdemeanor, which shall be punishable by a fine not exceeding $1,000.00.

F. Administrative enforcement of this Chapter shall proceed pursuant to Chapter 1.10 of the Del Mar Municipal Code.

G. Notwithstanding any other provision of this Chapter, this Chapter may be enforced through any remedy as provided for in this Section upon its effective date.

(Ord. No. 946, § 5, 3-4-2019)