21-012 1 ORDINANCE NO.21 -012
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 AMENDING PART II. "CODE OF ORDINANCES," CHAPTER 15,
5 "OFFENSES-MISCELLANEOUS," BY CREATING A NEW ARTICLE
6 XIV, ENTITLED "POLYSTYRENE FOAM WASTE REDUCTION
7 ORDINANCE"; PROHIBITING THE USE AND DISTRIBUTION OF
8 POLYSTYRENE FOAM FOOD WARE, UNENCAPSULATED
9 POLYSTYRENE FOAM PRODUCTS, BALLOONS, AND CONFETTI ON
10 CITY PROPERTY; PROVIDING FOR DEFINITIONS, CODIFICATION,
11 CONFLICTS,SEVERABILITY,AND AN EFFECTIVE DATE
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13 WHEREAS,the City of Boynton Beach has a duty to protect the natural environment,the
14 economy, and the health of its citizens; and
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16 WHEREAS, the City's 2020 Climate Action Plan identifies waste reduction as a key
17 strategy to help make Boynton Beach a regional and national leader in sustainability; and
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19 WHEREAS, polystyrene foam, a petroleum-based plastic material often incorrectly
20 referred to as"styrofoam,"is an environmental pollutant that is commonly used for packaging and
21 as food service ware in the City; and
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23 WHEREAS, due to the physical properties of polystyrene foam, the U.S. Environmental
24 Protection Agency states that "such materials can have serious impacts upon human health,
25 wildlife,and aquatic environment, and the economy"; and
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27 WHEREAS, polystyrene foam is difficult or impossible to recycle, as it is easily
28 contaminated and difficult to sort, and is not compostable; and
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30 WHEREAS,polystyrene foam is commonly littered or blown out of trash receptacles and
31 migrates to the storm drain system and eventually to the ocean and beaches; and
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33 WHEREAS, polystyrene foam breaks down in the marine environment into smaller
34 pieces, which are non-biodegradable and which negatively impact water quality and harm marine
35 life that often mistake pieces of polystyrene for food; and
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37 WHEREAS, balloons and confetti are also common forms or plastic litter that contribute
38 to marine debris,harming sea turtles and other wildlife that commonly mistake them for food; and
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40 WHEREAS, due to these concerns, more than 20 municipalities in Florida have enacted
41 ordinances banning or restricting the sale and/or use of polystyrene foam and/or other single-use
42 plastic products; and
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44 WHEREAS,Florida Statute 500.90 preempts cities from regulating polystyrene citywide,
45 but does not limit a city's authority to prohibit its use by individuals on city property, temporary
46 vendors on city property, or entities engaged in a contractual relationship with the city; and
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48 WHEREAS,restricting the use of polystyrene foam and other plastic products will protect
49 the health and safety of the City's residents,as well as its natural environment,beaches,waterways,
50 and wildlife.
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52 NOW THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE
53 CITY OF BOYNTON BEACH, FLORIDA,AS FOLLOWS:
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55 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being
56 true and correct and are hereby made a part of this Ordinance.
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58 Section 2. Part II, Chapter 15, "Offenses-Miscellaneous," is hereby amended by creating
59 a new Article XIV, entitled"Polystyrene Foam Waste Reduction Ordinance,"to read as follows:
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61 Chapter 15 Offenses-Miscellaneous
62 Article XIV. Polystyrene Foam Waste Reduction Ordinance.
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64 (a)Purpose. The City of Boynton Beach has a duty to protect the natural environment,the
65 economy, and the health of its residents. The purpose of this Article is to regulate the use and
66 distribution of Polystyrene Foam and other single-use plastic products on City property in order
67 to lead by example,protect the health of Boynton Beach residents, and promote sustainable
68 practices within the City.
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70 (b)Definitions. For the purpose of this Article,the following words and phrases shall have the
71 following meanings:
72 (1) "Balloon"means a flexible nonporous bag made from materials such as rubber, latex,
73 foil,metal,polvchloroprene,Mylar, or nylon fabric that can be inflated or filled with air,
74 water, or gas such as helium,hydrogen, nitrous oxide,or oxygen.
75 (2) "City Facility"means any building,structure, or vehicle owned or operated by the City.
76 (3) "City Property"means any land owned or managed by the City.
77 (4) "City Contractor"means a contractor,vendor, lessee, licensee,programming partner,or
78 permittee of the City that uses,works at or on,provides services to or at, or undertakes
79 construction in a City Facility or on City Property:or an operator or manager of a City
80 Facility of City Property.
81 (5) "Confetti"means small pieces or streamers of plastic,paper, mylar,or metallic material
82 that are thrown or scattered during festive occasions.
83 (6) "Polystyrene Foam"means blown polystyrene and expanded and extruded foams which
84 are thermoplastic petrochemical materials utilizing a styrene monomer and processed by
85 any number of techniques including,but not limited to, fusion of polymer spheres
86 (expandable bead polystyrene), injection molding, foam molding,and extrusion-blown
87 molding(extruded foam polystyrene).Polystyrene foam is generally used to make cups,
88 bowls,plates,trays,clamshell containers, meat trays, and egg cartons, and is commonly
89 but often incorrectly referred to as"styrofoam."
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90 (7) "Food Ware"means all containers,bowls,plates,trays, cups, lids, and other like items
91 that are designed for one-time use for serving or distributing food or drink.
92 (8) "Person"means an individual,trust, firm, or company, including a government
93 corporation,partnership, or association.
94 (9) "Temporary Vendor"means any Person or entity issued a temporary permit by the City
95 to provide or sell food on City Property or in a City Facility, including but not limited to
96 special event permits issued by the City for a special event on City Property or in a City
97 Facility.
98 (10)"Unencapsulated Polystyrene Foam Product"means any item that is made, in whole or
99 part, from Polystyrene Foam and that is not wholly encapsulated or encased within a
100 more durable material. These items include but are not limited to Polystyrene Foam
101 coolers, ice chests,pool toys, and beach toys.
102
103 (c)Prohibition of the Use and Distribution of Polystyrene Foam Products, Balloons, and
104 Confetti by City Contractors and Temporary Vendors.
105 (1) City Contractors and Temporary Vendors shall not sell,use,provide food in,or offer the
106 use of Polystyrene Foam Food Ware or Unencapsulated Polystyrene Foam Products in
107 City Facilities or on City Property
108 (2) City Contractors and Temporary Vendors shall not use City funds to purchase
109 Polystyrene Foam Food Ware or Unencapsulated Polystyrene Foam Products.
110 (3) City Contractors and Temporary Vendors shall not sell, use, or offer the use of Balloons
111 or Confetti in any outdoor area of City Property.
112 (4) The provisions of this section shall be incorporated into all contracts, leases, special event
113 permits, and concession agreements entered into or renewed after the effective date of
114 this article, and may be incorporated by reference requiring compliance with all laws,
115 rules,and ordinances of the City. A violation of this section shall be deemed a material
116 default under the terms of the contract, lease or concession agreement and is grounds for
117 revocation of a special event permit.
118 (5) Exceptions. This section shall not apply to:
119 a. Prepackaged foods that have been filled and sealed prior to receipt by the City
120 Contractor or Temporary Vendor, including products used for the storage of raw
121 meat,pork,poultry,eggs, fish, and seafood.
122 b. Any City contract, lease or concession agreement entered into prior to the
123 effective date of this section or any temporary permit issued prior to the effective
124 date of this section,which shall not be subject to the requirements of this section,
125 unless the City Contractor or Temporary Vendor voluntarily agrees to comply
126 with this section.
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128 (d)Prohibition of the Use of Polystyrene Foam Products, Balloons, and Confetti on City
129 Property.
130 (1) No person shall use Polystyrene Foam Food Ware or Unencapsulated Polystyrene
131 Foam Products on City Property or in any City Facility.
132 (2) No person shall use Balloons or Confetti in any outdoor area of City Property.
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133 (3) The provisions of this section shall be incorporated into the City's facility rental
134 policies and any related rental agreements entered into or renewed after the effective
135 date of this article, and may be incorporated by reference requiring compliance with all
136 laws, rules,and ordinances of the City.
137
138 (e)Penalties and Enforcement.
139 (1) Following adoption of this Article,the City shall engage in public education efforts to
140 inform affected persons and entities of the provisions of this Article and to provide
141 assistance with identifying environmentally friendly alternatives to the prohibited
142 items.
143 (2) Beginning twelve (12)months after the effective date of this article,the City shall
144 enforce all provisions of this Article and shall continue to engage in public education.
145 (3) Violations of the provisions of this Article by City Contractors and Temporary
146 Vendors shall be on a per occurrence basis and subject to the following penalties:
147 a. First violation: Written warning.
148 b. Second violation: $25 fine.
149 c. Third and subsequent violations: $50 fine.
150 d. These penalties shall be in addition to enforcement of any contract remedy or
151 termination proceeding of any City contract, concession or lease.
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153 Section 3. That ordinances or parts of ordinances in conflict herewith be and the same
154 are hereby repealed, provided that in the event of a conflict with respect to the administration of
155 the building codes, existing administrative laws or rules of the City shall control.
156 Section 4. Should any section or provision of this Ordinance or any portion thereof be
157 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
158 remainder of this Ordinance.
159 Section 5. Authority is hereby given to codify this Ordinance.
160 Section 6. This Ordinance shall become effective immediately.
161 FIRST READING this CP day of April,2021
162 SECOND,FINAL READING AND PASSAGE this o3day ofCA.,01 2021.
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164 YES NO
165 Mayor—Steven B. Grant ✓
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167 Vice-Mayor—Ty Penserga
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169 Commissioner—Justin Katz
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171 Commissioner—Woodrow L. Hay ✓
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173 Commissioner—Christina L. Romelus
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175 VOTE 5- D
176 ATTEST:
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178
179 ' Aitr/ •
180 Tammy Stan 's ne
181 Deputy City lerk
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184 (Corporate Seal)
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