Article 6 — Litter Containers for Commercial Properties

The City Council finds and determines that:

(a)

Littering has become problematic in some high trafficked and visitor serving areas of the City and the impact of litter on the community and the natural environment are meaningful criteria to regulate litter at commercial properties and implement public policy to manage waste disposal.

(b)

The requirements of this article are intended to address this issue and prevent litter caused by restaurants and retail food vendors that sell prepared food for consumption on, near, or off its premises by the customers as these establishments generate high volumes of disposable food service ware items that are designed for one-time uses (i.e. to-go containers and disposable cups).

(c)

The requirements of this article shall apply to all commercial buildings and commercial retail centers that include food vendors, including, but not limited to, grocery stores, restaurants, markets, food retailers and any establishment that generates food waste food packaging material in addition to uses that have the potential to generate high volumes of disposable food service ware items that are designed for one-time uses for food to be consumed on, near, or off its premises by the customers.

(§ 2, Ord. 864-C.S., eff. July 14, 2021)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

"3-Compartment discard waste containers" means separation of organic waste, traditional recyclables, and items to be landfilled.

(b)

"Commercial building" means a structure in which at least fifty (50%) percent of its floor space is used for commercial activities.

(c)

"Commercial retail centers" property that contains more than one commercial building or property with one commercial building that has more than one unit that are leased for commercial purposes. "Commercial retail centers" shall include strip malls, shopping centers, business parks.

(d)

"Food vendor" means any and all sales outlets, stores, shops, vehicles or other places of business located within the City of Pacifica which operate primarily to sell or convey foods or beverages directly to the ultimate consumer. "Food vendor" shall include both restaurants and retail food vendors.

(e)

"Litter" shall mean garbage and rubbish, as defined in PMC section 6-5.102, and all other materials which, if thrown, deposited, or allowed to accumulate tend to create a danger to the public health, safety, and welfare and which materials are not within a receptacle provided therefor.

(f)

"Litter container" a receptacle for depositing litter, which is of at least thirty-two (32) gallons and contains a lid or closure of some type which prevents the deposited litter from being removed.

(g)

"Outdoor eating area" an outdoor space reserved on a property for the consumption of prepared food sold or provided by a retail food vendor.

(h)

"Owner" means the owner or owners of real property having fee title to the property as identified in the most recent equalized assessment roll of the San Mateo County Assessor.

(i)

"Prepared food" means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the food vendor's premises within the City of Pacifica. Prepared food may be eaten either on or off the premises. Prepared food does not include raw food such as eggs or meat.

(j)

"Recycling" means the process of sorting, cleansing, treating and reconstituting waste or other discarded materials for the purpose of using the altered form. "Recycling" does not include merely sorting, shredding, stripping, compressing, storing, land filling with, or otherwise disposing of waste or other discarded materials.

(k)

"Retail food vendor" means any establishment other than a restaurant, located within the city where prepared food is sold for consumption on, near or off its premises to customers. For purposes of this article the term includes a delicatessen or cafe.

(l)

"Tenant" means any person or persons other than the owner occupying or in possession of the commercial space.

(§ 2, Ord. 864-C.S., eff. July 14, 2021)

All owners of commercial buildings and commercial retail centers wherein a food vendor is operating shall locate and maintain litter container(s) outside of commercial buildings and commercial retail centers in the manner provided in this article.

(§ 2, Ord. 864-C.S., eff. July 14, 2021)

(a)

Outside of a commercial building, within ten (10) feet of any public entrance and exit where the food vendor is operating; and

(b)

In a commercial retail center, at intervals of three hundred (300)-three hundred fifty (350) feet along the pedestrian walkways; and

(c)

Litter container(s) shall not be located in a manner that impedes pedestrian accessibility to the commercial building or along the pedestrian walkways within the commercial retail center.

(d)

Litter container(s) may be placed near recycling containers or included in a 3-compartment discard waste container.

(e)

Litter container(s) shall be located in such a manner that is readily accessible for removing and emptying the container in accordance with the provisions of an agreement between the property owner and the scavenger, as that term is defined in Section 6-5.102, if an agreement exists.

(§ 2, Ord. 864-C.S., eff. July 14, 2021)

(a)

Any litter container required by this article shall be constructed of durable, high quality materials, such as galvanized or stainless steel.

(b)

Litter container(s) shall be emptied a minimum of once a week or more frequently as use dictates to prevent overflow and unsanitary conditions; and

(c)

Litter container(s) should be kept in good condition, clean and free of graffiti.

(§ 2, Ord. 864-C.S., eff. July 14, 2021)

Where a commercial building or a commercial retail center includes an outdoor eating area, the following requirements shall apply to that outdoor eating area:

(a)

A 3-compartment discard waste container shall be placed in a central and visible location near the outdoor eating area;

(b)

A 3-compartment discard waste container shall be labeled with clear signage describing organics, recycling and litter;

(c)

A 3-compartment discard waste container shall be emptied a minimum of once a week or more frequently as use dictates to prevent overflow and unsanitary conditions;

(d)

A 3-compartment discard waste container shall be kept in good condition, clean and free of graffiti.

(§ 2, Ord. 864-C.S., eff. July 14, 2021)

The City Manager or his/her designee will have primary responsibility for enforcement of this article. The City Manager or his/her designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this article.

(§ 2, Ord. 864-C.S., eff. July 14, 2021)

(a)

Causing, permitting, aiding, abetting or concealing a violation of any provision of this article shall constitute a violation of this article.

(b)

Any violation of this article shall constitute an infraction.

(c)

Violations of this article are subject to the remedies and penalties set forth in Title 1, Chapter 2 of this Code.

(d)

Violations of this article shall also be punishable in accordance with Title 1, Chapter 6 of this Code.

(§ 2, Ord. 864-C.S., eff. July 14, 2021)