Marin County Municipal Code Ch. 5.24 Disposable Beverage Containers

Ord. 2372 shall become operative July 1, 1980, provided that a substantially identical ordinance is adopted by cities of Marin County, whose population when combined with the population of the unincorporated areas of Marin will equal at least seventy-five percent of the total population of the entire county.

Section 5.24.020, Definitions, was deleted in the 1984 supplement as per city clerk's request.

The board of supervisors of the county of Marin does hereby find that:

(a) The recycling and reuse of glass, aluminum and other metals, will result in a measurable conservation of energy, and a reduction in the use of important raw materials.

(b) More than forty million disposable soft drink and malt beverage containers are circulated in Marin County each year, a significant portion of which end up as litter and/or solid waste to the landfill.

(c) Technical developments in the packaging of beverages have increased, and if uncontrolled will magnify the problems caused by disposable containers in Marin County and elsewhere.

(d) The soft drink and malt beverage industry has the facilities and capabilities to process reusable containers.

(e) This chapter is intended to encourage the sale of designated beverages in the county of Marin in refillable rather than disposable containers, and encourage recycling of disposable containers. If these objectives are achieved, the ordinance codified in this chapter will result in financial savings to consumers, conservation of energy and resources, the reuse of materials, reduction in the amount of litter on the streets and roads of the county, and reduction in the amount of solid waste, all of which purposes are in furtherance of the police power of the county of Marin.

(f) The state of California has failed to take significant action to deal with the aforementioned problems.

(Ord. 2372 § 1 (part), 1978)

Every beverage container sold or offered for sale in the county by a vendor to a consumer shall have a refund value of not less than ten cents. The refund value shall be paid by the consumer at the time of sale and shall be refunded by the vendor upon return of the container to the vendor. Every beverage container sold or offered for sale in the county by a distributor to a vendor shall have a refund value of not less than five cents. The refund value shall be paid by the vendor to the distributor at the time of sale and shall be refunded by the distributor to the vendor.

(Ord. 2390 § 1, 1979: Ord. 2372 § 1 (part), 1978)

Every beverage container sold or offered for sale in the county shall clearly indicate by embossing or by a stamp or label, or other method, securely affixed to the container by the distributor, that each individual container has a refund value, whether refillable or nonrefillable.

(Ord. 2372 § 1 (part), 1978)

A vendor or distributor may refuse to accept an empty beverage container for refund only if:

(a) The container is not marked in accordance with the provisions of Section 5.24.040 of this chapter;

(b) The container is not empty;

(c) The container is refillable but is damaged to the extent that it cannot be washed, sterilized and reused;

(d) Containers shall be redeemed by vendors and distributors irrespective of the place of purchase; provided, however, that containers not of a type, size or brand not sold by a vendor need not be redeemed by the vendor.

(Ord. 2372 § 1 (part), 1978)

Every vendor and distributor is encouraged to stock refillable beverage containers for each brand of beverage sold, if such beverage can be procured in refillable containers.

(Ord. 2372 § 1 (part), 1978)

The provisions of this chapter shall not be applicable to beverages dispensed from vending machines.

(Ord. 2372 § 1 (part), 1978)

All empty nonrefillable beverage containers returned to a distributor shall, to the greatest extent possible, be disposed of in a manner which will insure that they are recycled.

(Ord. 2372 § 1 (part), 1978)

The Marin County sealer of weights and measures is authorized, during regular business hours, to enter the business premises of any vendor or distributor engaged in the sale of beverages to inspect the premises and to determine whether the vendor or distributor is acting in compliance with this chapter.

(Ord. 2372 § 1 (part), 1978)

Any person or entity who violates any provision of this chapter is guilty of a misdemeanor and shall be punished by a fine not exceeding three hundred dollars. Each day of violation continues shall constitute a separate offense.

(Ord. 2372 § 1 (part), 1978)