Rohnert Park Municipal Code Ch. 8.06 Prohibitions on the Use and Sale of Products Containing Polystyrene And…

The city finds and declares:

A. The city has a duty to protect the natural environment, our economy, and the health of its citizens.

B. Products made from expanded polystyrene foam are not compostable, returnable or recyclable. Polystyrene foam easily breaks up into smaller pieces and, because it is lightweight, is carried by the wind even when it has been disposed of properly.

C. There is a prevalence of polystyrene foam debris littering our parks and public places, streets and roads, waterways, storm drains and beaches. This litter exists at a financial cost to residents and an environmental cost to our natural resources.

D. The city is situated near the Sonoma Coast and near waterways which drain to the marine environment. Marine animals and birds often confuse polystyrene foam pieces as a food source, which, when ingested, can impact the digestive tract, often leading to death.

E. Discarded polystyrene constitutes a portion of the city's waste stream. Laws, policies and regulations pertaining to this material have become a vital component in efforts to reduce the amount of disposed waste.

F. It is not economically feasible to recycle most polystyrene in the city. Eliminating the use of polystyrene foam and other noncompostable and nonrecyclable items will maximize the operating life of our landfills and will lessen the economic and environmental costs of waste management for businesses and citizens of Sonoma County.

G. According to the California Department of Resources Recycling and Recovery (CalRecycle), polystyrene's overall environmental impacts are the second highest of any product, behind only aluminum.

H. Alternative products exist for almost all uses of polystyrene foam.

I. Restricting the use of polystyrene foam products will further protect the public health and safety of the city's residents, the natural environment, waterways, and wildlife.

(Ord. No. 966, § 4, 6-14-2022)

Unless otherwise expressly stated, whenever used in this chapter the following terms shall have the meanings set forth below:

A. "City" means that area within the corporate limits of the city of Rohnert Park, California, and all territory outside the city over which the city has jurisdiction by virtue of any constitutional provisions, or any ordinance or law.

B. "City contractors and lessees" means any person or entity that has a contract with the city for works or improvements to be performed; for a franchise, concession or lease of property; for grant monies; or for goods and services or supplies to be purchased at the expense of the city.

C. "City facilities" means any park, building, structure or vehicles owned or operated by the city; its agents, agencies, departments and franchisees.

D. "Compostable" means products made entirely from natural plant fibers such as paper, bamboo, wood, sugarcane, and wheat. These products must be accepted at the industrial or municipal facilities that aerobically compost Sonoma County's food scraps and yard debris. For the purposes of this chapter, products that contain or are coated with plastic polymers such as polylactic acid (PLA) or polyethylene (PE) are not compostable.

E. "Disposable food service ware" includes all containers, bowls, plates, trays, cartons, cups, lids, straws, stirrers, forks, spoons, knives, napkins and other food ware items designed for one-time use for prepared foods, including, without limitation, service ware for take-out foods and/or leftovers from partially consumed meals prepared by food providers. The term "disposable food service ware" does not include items composed entirely of aluminum, or polystyrene foam coolers and ice chests that are wholly encapsulated or encased within a more durable material so as to be reusable.

F. "Food provider" means any vendor, business, organization, entity, group or individual, including retail food establishments, that offers food or beverages to the public and is located in or provides food within the city.

G. "Person" means any natural person, firm, association, business or organization, corporation, partnership, trust, estate, or any other legal entity recognized by law as the subject of legal rights or duties.

H. "PFAS" means a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom, also known as perfluoroalkyl and polyfluoroalkyl substances.

I. "Polystyrene foam" means blown polystyrene and expanded and extruded foams made from thermoplastic, petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene); injection molding; foam molding; and extrusion-blown molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons.

J. "Prepared food" means food or beverages commercially prepared on the food provider's premises or within the city, using any cooking or food preparation technique, whether designed and intended to be consumed on or off-premises.

K. "Recyclable" means material that can be sorted, cleansed, and reconstituted using recycling collection programs available in Sonoma County, for the purpose of using the altered material in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.

L. "Retail vendor" means any store or other business that sells goods or merchandise, whether located within or operating within the city.

M. "Reusable" means materials that will be used more than once in its same form by the customer, retail vendor or other reuse program. Reusable food service ware includes: Food and beverage containers, packages and trays, such as, but not limited to, soft drink bottles and milk containers that are designed to be returned to the distributor or reused by the customer and that are provided as take-out containers. Reusable also includes durable containers, packages or trays used on-premises, returnable containers brought back to the food vendor and those intended to be taken home by the consumer for reuse, including all containers, bowls, plates, trays, cartons, cups, and other items that are designed for prolonged use, including, but not limited to, durable plastic, ceramic, glass, porcelain, and metal food service ware.

N. "Special event promoter" means an applicant for any special event permit issued by the city, or any city employee(s) responsible for any organized special event in the city.

(Ord. No. 966, § 4, 6-14-2022)

A. Food providers shall not sell, hand out, give away, distribute or otherwise make available for public or customer use any disposable food service ware that contains polystyrene foam or PFAS.

B. City facilities, and any person renting a city facility, shall not provide disposable food service ware that contains polystyrene foam or PFAS.

C. City departments may not purchase, acquire or use disposable food service ware that contains polystyrene foam or PFAS.

D. City contractors and lessees may not use disposable food service ware that contains polystyrene foam or PFAS.

(Ord. No. 966, § 4, 6-14-2022)

No retail vendor or special event promoter shall sell, rent or otherwise provide any disposable food service ware which is composed in whole or in part of polystyrene foam, except as exempted in Section 8.06.080 of this chapter. In addition, no retail vendor shall sell, rent or otherwise provide the following items that if they are composed in whole or in part of polystyrene foam:

A. Coolers, ice chests, or similar containers, except where permitted [in Subsection] 8.06.080.F;

B. Pool or beach toys, except where permitted [in Subsection] 8.06.080.F; and

C. Packing peanuts or other polystyrene packaging materials.

(Ord. No. 966, § 4, 6-14-2022)

It shall be a policy goal of the city to promote and encourage, on a voluntary basis, the elimination of all polystyrene foam packaging. Business establishments located outside the city are encouraged to eliminate use of any packaging that utilizes polystyrene foam, including both block polystyrene foam or packing peanuts; and to eliminate the purchase, use, distribution or sale, for home or personal use, any packaging which utilizes polystyrene foam.

(Ord. No. 966, § 4, 6-14-2022)

A. All food providers utilizing any disposable food service ware shall use a compostable or recyclable product that is accepted at local recycling facilities.

B. All city facilities and departments using any disposable food service ware shall use compostable or recyclable disposable food service ware.

C. City contractors and lessees using any disposable food service ware shall use compostable or recyclable disposable food service ware in city facilities while performing under a city contract or lease.

D. All food providers shall only provide straws, lids, cutlery, and to-go condiment packages upon request of customers.

E. All food providers are encouraged to provide [a] twenty-five-cent credit for customers bringing their own reusable containers for to-go items.

F. All food providers are encouraged to charge a 'take out fee' of twenty-five cents for disposable cups, lids, straws, and/or utensils. This fee is intended to offset the potential cost difference of compostable or recyclable food service ware.

(Ord. No. 966, § 4, 6-14-2022)

The city manager or their designee is authorized to promulgate regulations, guidelines and forms and to take any and all other actions reasonable and necessary to enforce this chapter.

(Ord. No. 966, § 4, 6-14-2022)

A. The city manager or their designee may exempt a food provider, retail vendor or special event promoter from the requirements of this chapter for a one-year period upon showing that this chapter would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The city manager or their designee shall put the decision to grant or deny a waiver in writing. Such decision shall be final.

B. A food provider, retail vendor or special event promoter granted an exemption 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.

C. 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 manager or their designee may require the applicant to provide additional information to determine facts regarding the exemption application.

D. The city manager or their designee may approve the exemption application, in whole or in part, with or without conditions.

E. Foods prepared and packaged outside the city and sold inside the city are exempt from the provisions of this chapter. This exemption shall not apply to food trucks, or food providers operating in city facilities, pursuant to city contracts, or as a special event promoter in the city. Purveyors of food prepared and packaged outside the city are encouraged to follow the provisions of this chapter.

F. Notwithstanding the prohibition on retail sales of products containing polystyrene foam or PFAS, products in which polystyrene foam is included for insulating or flotation purposes and is completely encased in more durable material are exempt from the provisions of this chapter. Examples include reusable coolers, reusable ice chests, and similar reusable containers completely encased in more durable material; life preservers; personal floatation devices such as life jackets; and durable coolers not principally composed of polystyrene.

G. Packaging for meat and fish is exempt from the provisions of this chapter.

(Ord. No. 966, § 4, 6-14-2022)

The city manager, or their designee, shall have primary responsibility for enforcement of this chapter and shall have authority to issue citations for violation of this chapter. The city manager, or their designee, is authorized to establish regulations or administrative procedures to obtain compliance with this chapter, including, but not limited to, inspecting any retail vendor's or special event's premises, in accordance with applicable law, to verify compliance.

(Ord. No. 966, § 4, 6-14-2022)

A. Any violation of this chapter shall be deemed an infraction and subject to Section 1.16.010 of this code.

B. It shall be deemed a public nuisance for any person owning, leasing, occupying or having charge or possession of any retail establishment in the city to allow a violation of this chapter. Any violation may be abated by the city through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances, and each person violating a requirement under this chapter shall be subject to all enforcement procedures available to the city, including the institution of administration remedies under Chapter 1.24 or Chapter 1.25. Any person who violates any of the provisions of this chapter shall be responsible for the city's attorney fees associated with the abatement.

C. The penalties set forth in this chapter are cumulative and in addition to all other remedies, violations and penalties set forth in the Rohnert Park Municipal Code, state law or federal law.

(Ord. No. 966, § 4, 6-14-2022)

Nothing in this chapter shall be interpreted or applied so as to create any requirement, power or duty in conflict with any federal or state law.

(Ord. No. 966, § 4, 6-14-2022)