[Adopted 6-3-2014 by L.L.
No. 2-2014]
Expanded polystyrene is difficult to recycle, does not decompose
and makes up a significant portion of the trash polluting local waterways.
There are also potential health risks; styrene, which is used to make
polystyrene, is listed as a possible carcinogen by the International
Agency for Research on Cancer. The intent of this article is to improve
the environment in Hastings-on-Hudson, as well as the health of its
residents, by banning the use of expanded polystyrene containers.
For purposes of this article, the terms used herein are defined
as follows:
Blown polystyrene and expanded and extruded foams that are
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 foam), injection molding,
foam molding, and extrusion-blown molding (extruded foam polystyrene).
A premises or part of a premises where food is provided directly
to the consumer, whether such food is provided free of charge or sold,
and whether consumption occurs on or off the premises or is provided
from a pushcart, stand or vehicle. "Food service establishment" shall
include, but not be limited to, full-service restaurants, fast-food
restaurants, cafes, delicatessens, coffee shops, grocery stores, vending
trucks or carts and cafeterias.
A void-filled packaging product made of expanded polystyrene
that is used as a packaging fill (commonly known as "packing peanuts").
Cups, containers, lids, closures, trays, plates, knives,
spoons, stoppers, paddles, straws, place mats, napkins, doilies, wrapping
materials, toothpicks and all similar articles that are intended by
the manufacturer to be used once for eating or drinking and generally
recognized by the public as items to be discarded after one use.
A retail or wholesale establishment, other than a food service
establishment.
A.Â
No food service establishment or store shall sell or provide single-service
articles that consist of expanded polystyrene, including but not limited
to providing food in single-service articles that consist of expanded
polystyrene.
B.Â
This section shall not apply to:
(1)Â
Expanded polystyrene containers used for prepackaged food that have
been filled and sealed prior to receipt by the food service establishment
or store;
(2)Â
Single-service articles consisting of expanded polystyrene sold in
grocery stores off the shelf that do not contain any food or beverages
in them; or
(3)Â
Expanded polystyrene containers used to store raw meat, pork, fish,
seafood or poultry sold from a butcher case or similar retail appliance.
C.Â
No store shall sell or offer for sale polystyrene loose-fill packaging.
A.Â
In the event that there is noncompliance with this article, the owner
of the property or the owner's agent or the person performing such
violation shall be notified in writing with a first-time warning and
shall forthwith stop with the violating activity. Such notice shall
be served upon a person to whom it is directed either by delivering
it personally to him or her or by posting same upon a conspicuous
portion of the property and sending a copy of same by certified mail.
Such notice shall provide a period of 10 business days to cure such
violation and come into compliance with this chapter, after which
a violation and summons may be issued.
B.Â
Any owner, representative, or business establishment which violates
any provision of this article shall, upon conviction of violation,
be fined not more than $100 for a first violation after a first-time
warning and a fine not exceeding $200 for a second or subsequent violation.
C.Â
Any violation of this article may also be enjoined pursuant to law.
