CC Ordinance 2187ORDINANCE NO. 2187
BEING AN ORDINANCE OF THE CITY OF CAMPBELL ADDING CHAPTER 6.30 TO THE
CITY OF CAMPBELL MUNICIPAL CODE REGULATING THE DISTRIBUTION OF
POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE BY FOOD VENDORS
AND AMENDING SECTION 6.10.020 OF THE MUNICIPAL CODE TO DECLARE
VIOLATIONS OF CHAPTER 6.30 TO BE A PUBLIC NUISANCE
The City Council of the City of Campbell does hereby ordain as follows:
SECTION ONE: That Chapter 6.30 is hereby added to Title 6 of the Campbell Municipal
Code to read as follows:
CHAPTER 6.30
EXPANDED POLYSTYRENE
6.30.10 Findings and purpose
The City Council finds and determines that:
A. Plastic debris and in particular expanded polystyrene foam ("EPS") is a distinctive litter
concern because it is lightweight, floats, breaks down into small pieces, and readily travels
from land to inland waterways and out to the ocean where it can be mistaken for food by
birds and other marine wildlife; and
B. EPS disposable food service ware comprises an 8% by volume of total litter observed in
storm drains in Santa Clara County; and
C. The proposed prohibition of EPS disposable food service ware would require food
vendors to use alternative food service ware that will result in a reduction of EPS litter,
reduce the risk of harm to aquatic wildlife, and improve water quality in the Cupertino creeks
and the Southern San Francisco Bay; and
D. On November 18, 2014, prior to taking action on the Ordinance, the City Council
reviewed, considered and adopted by separate Council resolution, the proposed Negative
Declaration analyzing the regional environmental impacts of the Ordinance to prohibit EPS
disposable food service ware; and
E. The City of Campbell intends and does hereby find that this Ordinance falls within the
scope of the City of San Jose's Program Initial Study/Negative Declaration for EPS.
6.30.020 Definitions.
The definitions set forth in this Section shall govern the application and interpretation of this
Chapter.
A. "Disposable food service ware" means single-use disposable products used in the
restaurant and food service industry for serving prepared food and includes, but is not
limited to, plates, trays, cups, bowls, and hinged or lidded containers (clamshells).
Disposable food service ware does not include straws, utensils, drink lids, or ice chests.
B. "Food vendor" means any establishment located in the City of Campbell that sells or
otherwise provides prepared food for consumption on or off its premises, and includes, but
is not limited to, any shop, sales outlet; restaurant, bar, pub, coffee shop, cafeteria, caterer,
convenience store, liquor store, grocery store, supermarket, delicatessen, mobile food truck,
vehicle or cart, or roadside stand. "Food vendor" does not include a food service provider
that is associated with either a nonprofit organization with Section 501(c)(3) status under the
Internal Revenue Code or a public agency sponsored program.
C. "Polystyrene foam" means a thermoplastic petrochemical material made from a
styrene monomer and expanded or blown using a gaseous agent (expanded polystyrene)
including, but not limited to, fusion of polymer spheres (expandable bead polystyrene),
injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene).
"Polystyrene foam" is commonly made into disposable food service ware products.
"Polystyrene foam" does not include clear or solid polystyrene (oriented polystyrene).
D. "Prepared food" means food or beverages that are packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises. "Prepared
food" does not include (1) any raw, uncooked meat products or fruits or vegetables unless it
can be consumed without further preparation; or (2) prepackaged food that is delivered to
the food vendor wholly encased, contained or packaged in a container or wrapper, and sold
or otherwise provided by the food vendor in the same container or packaging.
6.30.110 Polystyrene Foam Disposal Food Service Ware Prohibited.
No food vendor shall sell or otherwise provide prepared food in polystyrene foam disposable
food service ware on or after June 1, 2015.
6.30.120 Exemptions to the Polystyrene Foam Disposal Food Service Ware
Prohibition.
A. A food vendor may seek an exemption from the prohibition under Section 6.30.110
due to a "unique packaging hardship" under Subsection B of this Section or a "financial
hardship" under Subsection C of this Section.
B. The food vendor must demonstrate that no reasonably feasible alternative exists to
a specific and necessary polystyrene foam disposable food service ware to qualify for a
"unique packaging hardship" exemption.
C. The food vendor must demonstrate both of the following to qualify fora "financial
hardship" exemption: (1) a gross income under $300,000 on their annual income tax filing
for the most recent tax year, and (2) with respect to each specific and necessary
polystyrene foam disposable food service ware, that there is no feasible alternative that
would cost the same or less than the polystyrene foam disposable food service ware.
D. The food vendor seeking an exemption shall submit a written application for an
exemption on a form provided by the Environmental Programs Division of the Public Works
Department. The Director of Public Works or his/her designee ("Director") may require the
applicant to submit additional information or documentation to make a determination
regarding the exemption request. A request for exemption shall be reviewed on a case-by-
case basis, and may be granted in whole or in part, with or without conditions, for a period
of up to twelve (12) months. The food vendor must apply for a new exemption period no
later than sixty (60) days prior to the expiration of the then current exemption period to
preserve a continuous exemption status. Each application shall be reviewed anew and will
be based on the most current information available. The determination of the Director shall
be final and is not subject to appeal.
SECTION TWO: Paragraph (6)(O)of Subsection (a) of Section 6.10.020 is hereby
amended to read as follows
(O) 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, 6.20, 6.30, 11.04, 11.08, 11.12, 11.16, 11.32, 13.04, or
14.02
SECTION THREE: Severability. If any provision of this ordinance is declared invalid by a
court of competent jurisdiction, it is the intent of the City Council that such invalid provision
be severed from the remaining provisions of the ordinance.
SECTION FOUR: It is the intent of the City Council of the City of Campbell to supplement
State and Federal law and not to duplicate or contradict such law, and this ordinance shall
be construed consistently with that intention. If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall
not affect the validity of the other remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections,
subsections, clauses, or phrases be declared unconstitutional.
SECTION FIVE: This Ordinance shall become effective on June 1, 2015.
SECTION SIX: This Ordinance (or a summary thereof) shall be published, one time within
fifteen (15) days upon passage and adoption, in the Campbell Express, a newspaper of
general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 2nd day of December 2014, by the following roll call vote:
AYES: Councilmembers: Baker, Kotowski, Waterman
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Cristina
APPROV D:
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Ri and M. Waterman. Mayor
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Anne Bybee, City Clerk