[Added 4-3-2018]
The City Council finds as follows:
(a)
The Council has a duty to protect the natural environment and the
health of its citizens and visitors; and
(b)
Polystyrene foam containers and packaging have a harsh environmental
impact on a local and global scale, including greenhouse gas emissions,
litter, harm to wildlife and solid waste generation; and
(c)
It is in the best interest of the citizens of Belfast to reduce the
cost of City solid waste disposal and to protect the environment and
natural resources by discouraging the distribution and use of disposable,
polystyrene foam containers such as cups, bowls, plates and food containers,
and to encourage use of other biodegradable food containers associated
with all take-out foods; and
(d)
The City through its policies, programs and laws supports efforts
to reduce the amount of waste that must be disposed of by supporting
the state waste management hierarchy to reduce, reuse, recycle, compost
and landfill.
[Added 4-3-2018]
As used in this article, the following terms have the following
meanings:
Includes any form of container made from blown polystyrene
and expanded and/or extruded foams (sometimes referred to as "styrofoam,"
a Dow Chemical Company trademarked form of polystyrene foam), which
are derived from 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 polystyrene)
injection molding, foam molding, and extrusion-blow molding (extruded
foam polystyrene). Polystyrene foam is generally used to make such
things as cups, bowls, plates, trays, clamshell containers, prepared
food take-out containers, meat trays, and egg cartons. For the purposes
of the Ordinance, the term polystyrene shall not include clear polystyrene
known as "oriented polystyrene," as used for such things as cake or
pie containers. This definition shall not include polystyrene foam
containers solely used to transport raw and/or uncured meats, poultry
or fish and uncooked eggs from a wholesale commodity or food supplier.
All retail vendors and establishments, including but not
limited to convenience stores, bars, restaurants, or sellers of food,
which sell, give or provide food or drink, to the ultimate consumer
for personal use, and not for resale.
[Added 4-3-2018]
No retail vendor or a store shall serve, sell, give or provide
food or beverage contained in a polystyrene foam container to any
person.
[Added 4-3-2018]
(a)
The City Manager or his/her designee(s) shall have the primary responsibility
for the enforcement of this article. If the City Manager or his/her
designee(s) determines that a violation of this article has occurred,
he/she shall issue a written warning notice to the store that the
violation has occurred and request compliance with this article within
seven days of the date of the notice.
(b)
Subsequent violations of this article after an initial warning notice
shall be subject to the penalties set forth below.
(c)
Violations of this article shall be punishable by fines and reimbursement
of the City's legal fees for the enforcement and prosecution
of this article as follows:
[Added 4-3-2018]
Nothing in this article shall be construed to prohibit customers
from using containers of any type that the customer owns and brings
to the retail vendor or into the store for their own use in carrying
away food, beverage from the store.
[Added 4-3-2018]
The provisions of this article shall become effective on May
4, 2018.
