CC Ordinance 2282 -Adding Chapter 6.19 and Amending sections 6.10.170ORDINANCE NO. 2282
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADDING
CHAPTER 6.19 AND AMENDING SECTIONS 6.10.020 AND 6.10.170 OF THE CITY OF
CAMPBELL MUNICIPAL CODE TO IMPLEMENT AB 1276 SINGLE -USE FOODWARE
ACCESSORIES AND STANDARD CONDIMENTS, AND ENFORCE CALGREEN
BUILDING STANDARDS CODE WITH THE CITY'S ADMINISTRATIVE PROCESS
THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION ONE: Chapter 6.19 of the Campbell Municipal Code is adopted to read as
follows:
CHAPTER 6.19 — SINGLE -USE FOODWARE ACCESSORIES AND STANDARD
CONDIMENTS
6.19.010 Findings and purpose.
The City Council finds and determines that:
(1) The use of single -use foodware accessories and standard condiments is
detrimental to the environment, public health, and welfare.
(2) The manufacture and distribution of single -use foodware accessories and
standard condiments requires utilization of natural resources and results in the
generation of greenhouse gas emissions.
(3) Single -use foodware accessories and standard condiments contribute to
environmental problems, including litter in storm drains, creeks, the bay, and
the ocean.
(4) Single -use foodware accessories and standard condiments provided by retail
establishments impose unseen costs on consumers, local governments, the
state, and taxpayers, and constitute a public nuisance.
(5) On September 20, 2018, Governor Brown signed AB 1884 (Calderon, 2018),
prohibiting full -service restaurants from providing single -use plastic straws
unless requested by the consumer.
(6) On October 5, 2021, Governor Newsom signed AB 1276 (Carrillo, 2021), which
expanded on AB 1884 to require accessory foodware (e.g., utensils,
chopsticks, straws, stirrers) and condiments to- be provided only upon
consumer request, among other related requirements.
The City Council of the City of Campbell does, accordingly, find and declare that it should
enforce the provisions of AB 1276, restricting the use of single -use foodware accessories
and standard condiments.
The City has a substantial interest in protecting its residents and the environment from
negative impacts from single -use foodware accessories and standard condiments.
6.19.020 Enforcement of State Law.
(a) In compliance with California Public Resources Code section 42272, any
failure to comply with any provision of Chapter 5.2 (commencing with Section 42270) of
Part 3 of Division 30 of the California Public Resources Code, as it now exists or may
subsequently be amended, or any successor provisions adopted by the State Legislature
shall constitute a violation of this Chapter.
(b) The first and second violations of this Chapter shall result in a notice of
violation without a fine, and any subsequent violation shall constitute an infraction
punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed
three hundred dollars ($300) annually. Each violation of the provisions of this chapter
shall be enforceable as provided in Section 6.10.180 of this code.
SECTION TWO: Subparagraph (Q) of paragraph (6) of subsection (a) of Campbell
Municipal Code Section 6.10.020 of the Campbell Municipal Code is hereby amended to
read as follow:
(Q)A violation of any of the provisions of Campbell Municipal Code Chapters 5.24,
5.28, 5.29, 5.30, 5.36, 5.48, 5.58, 6.11, 6.12, 6.19, 6.20, 6.30, 6.40, 8.34, 8.38,
8.40, 8.42, 11.04, 11.08, 11.12, 11.16, 11.32, 13.04, or 14.02,
SECTION THREE: Subsection (a) of Campbell Municipal Code Section 6.10.170 is
hereby amended to read as follows:
(a) It is unlawful for any person, firm, corporation or other entity to violate any
provision, or fail to comply with any mandatory requirement of this chapter. Except as
otherwise provided in subsection (b) of this section, or elsewhere in this Code, any
person, firm, corporation or other entity violating any provision, or failing to comply with
any mandatory requirement of this chapter is guilty of an infraction, and upon conviction
shall be published by a fine of not more than one hundred dollars.
SECTION FOUR: This Ordinance shall be in full force and effect thirty (30) days after its
final passage; and the Ordinance shall be published within fifteen (15) days after the
adoption, together with the names of those Councilmembers voting for or against same,
in The Metro, a newspaper of general circulation circulated in the City of Campbell, Santa
Clara County, State of California.
PASSED AND ADOPTED this 7th day of June, 2022 by the following roll call vote:
AYES: COUNCILMEMBERS: Gibbons, Lopez, Landry, Bybee, Resnikoff
NOES: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: None
APPROVED:
Paul Resnikoff, Mayor
ATTEST:
0 C___j �'
Dusty Christopherson, City Clerk