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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