LTC 530-2018 City Of Hallandale Ordinance NO. 2018-027 MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 530-2018
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk
DATE: October 5, 2018
SUBJECT: CITY OF HALLANDALE ORDINANCE NO. 2018-027
Attached for your information is Ordinance No. 2018-027, adopted by the Mayor and City
Commission of City of Hallandale on September 17, 2018.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 13
"HEALTH AND SANITATION" OF THE CITY OF HALLANDALE BEACH
CODE OF ORDINANCES; SPECIFICALLY CREATING SECTION 13-10.
"PROHIBITION ON DISTRIBUTION, SALE OR USE OF PLASTIC
BEVERAGE STRAWS" TO PROHIBIT THE DISTRIBUTION OF PLASTIC
BEVERAGE STRAWS TO REDUCE WASTE; PROVIDING FOR
PENALTIES; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
The City of Hallandale Clerk has requested that a copy of this Ordinance be provided to the
Miami Beach Mayor, Commissioners and the City Manager.
If you have any questions, please contact the Office of the City Clerk at 305.673.7411.
REG/Ic
Attachment
F:ICLERISALLILILIAILTC's-Transmittal's\Resolution 2018-027 City of Hallandale.docx
1 ORDINANCE NO. 2018 - 027
2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
3 CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 13
4 "HEALTH AND SANITATION" OF THE CITY OF HALLANDALE BEACH
5 CODE OF ORDINANCES; SPECIFICALLY CREATING SECTION 13-10.
6 "PROHIBITION ON DISTRIBUTION, SALE OR USE OF PLASTIC
7 BEVERAGE STRAWS" TO PROHIBIT THE DISTRIBUTION OF PLASTIC
8 BEVERAGE STRAWS TO REDUCE WASTE; PROVIDING FOR
9 PENALTIES; PROVIDING FOR CONFLICT; PROVIDING FOR
10 SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING
11 FOR AN EFFECTIVE DATE.
12
13
14 WHEREAS, the City of Hallandale Beach is committed to environmental leadership; and
15 WHEREAS, the City Commission desires to conserve resources and reduce
16 greenhouse gas emissions, waste, litter, and pollution; and
17 WHEREAS, discarded plastic beverage straws threaten wildlife and degrade and litter
18 the beaches and waters off Florida's coast, including areas within the City; and
19 WHEREAS, reducing the distribution of plastic beverage straws provided to customers
20 decreases the amount of plastic that may end up in our environment through litter, windblown
21 debris, and overflowing trash cans; and
22 WHEREAS, the City finds there are reasonable, environmentally friendly alternatives to
23 plastic beverage straws; and
24 WHEREAS, the Mayor`and the City Commission have determined that it is in the best
25 interest of the residents of the City to promote the public health, safety, and general welfare by
26 amending Chapter 13 to enact procedures and prohibitions regarding the distribution of plastic
27 beverage straws to reduce waste.
28 NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
29 HALLANDALE BEACH, FLORIDA:
30 ,
31 SECTION 1. The foregoing "Whereas" clauses are hereby incorporated herein.
32 SECTION 2. Chapter 13 "Health and Sanitation" of the Code of Ordinances of the City
33 of Hallandale Beach, Florida is hereby amended, creating Section 13-10 "Prohibition on
34 Distribution, Sale or Use of Plastic Beverage Straws" to read as follows:
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35
36 Section 13-10. - Prohibition on Distribution, Sale or Use of Plastic Beverage Straws.
37 (a) Definitions. For purposes of this section, the following words terms and phrases,
38 including their respective derivatives have the following meanings:
39 (1) Beverage means any liquid, including any slurry, frozen, semi-frozen. or other forms
40 of liquids, intended for drinking.
41 (2) Beverage Provider means any business, organization, entity, group, or individual
42 Iocated within the City that offers beverages to the public for consumption.
43 (3) Food Provider means any person located within the City that is a retailer of prepared
44 food or beverages for public consumption including, but not limited to, any store,
45 supermarket,delicatessen, restaurant, shop, caterer or mobile food vendor.
46 (4) Person means an individual, business, event promoter, trust, firm, joint stock
47 company, corporation, nonprofit, including a government corporation, partnership, or
48 association.
49 (5) Plastic Beverage Straw means a tube made predominantly of plastic derived from
50 either petroleum or a biologically based polymer, such as corn or other plant
51 sources, for transferring a beverage from its container to the mouth of the drinker.
52 "Plastic Beverage Straw" includes compostable and biodegradable petroleum or
53 biologically based polymer straws, but does not include straws that are made from
54 non-plastic materials, such as paper, sugar cane, bamboo, etc.
55 (6) Special Event Permittee means a person who has obtained a Special Event Permit
56 from the City pursuant to Section 32-702 of the City Code.
57 (b) Plastic Beverage Straws Prohibited, Exceptions
58 (1) A plastic beverage straw shall not be sold, or distributed within city limits.
59 (2) A plastic beverage straw shall not be used on public beaches within city limits.
60 (3) Exceptions. This prohibition shall not apply to:
}
61 a. Pre-packaged drinks sold at commercial establishments.
62 b. Use by medical or dental facilities.
63 c. Use by the school district or county, state, or federal governmental entities.
64 d. Use during a locally declared emergency.
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65 e. Use by individuals with a disability or other impairment requiring use of plastic
66 straw.
67 (c1 Non-plastic alternatives to plastic beverage straws. Nothing in this section precludes a
68 food provider, beverage provider, special event permittee, or any person from using,
69 providing, distributing, or selling non-plastic alternatives to plastic beverage straws, such
70 as those made from paper, sugar cane, or bamboo, available to customers. Non-plastic
71 alternative straws shall only be provided upon request.
72 (d) Enforcement; Penalties
73 (1) Following adoption, the City will engage in public education efforts related to the
74 implementation of this section and provide assistance with identifying alternatives to
75 plastic beverage straws.
76 (2) Beginning January 1, 2019, the City shall enforce all provisions of this section.
77 (3) Any Person violating any section of this article is guilty of an infraction. The first
78 violation shall be subject to a written warning or notice of violation. The second
79 violation within a six-month period shall be subject to a fine not to exceed one
80 hundred dollars ($100). The third violation within a one-year period from the first
81 shall be subject to a fine not to exceed two hundred dollars ($200) and each
82 subsequent violation within the one year period shall be subject to a fine not to
83 exceed five hundred dollars ($500). All enforcement available to the city, including
84 pursuant to Hallandale Beach Municipal Code Section 9, may be issued for violation
85 of this article. -
86
87 SECTION 3. Sections 13-11 to 13-30 are reserved for future use.
88
89 SECTION 4. Conflict. •All ordinances or portions of the Code of Ordinances of the City
90 of Hallandale Beach in conflict with the provisions of this ordinance shall be repealed to the
91 extent of such conflict.
92
93 SECTION 5. Severability. Should any provision of this ordinance be declared by a
94 court of competent jurisdiction to be invalid, the same shall not affect the validity of the
95 ordinance as a whole, or any part thereof, other than the part declared to be invalid.
96
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97 SECTION 6. Codification. It is the intention of the Mayor and City Commission that the
98 provisions of this ordinance be incorporated into the Code of Ordinances; to effect such
99 intention the words "ordinance" or"section" may be changed to other appropriate words.
100
101 SECTION 7. Effective Date. This Ordinance shall take effect immediately upon
102 adoption.
103
104 PASSED AND ADOPTED on 15' reading on August 1. 2018.
105
106 PASSED AND ADOPTED on 2rd reading on September 17, 2018.
107
108
109 40,7
110 KEITH S. L NOON
111 MAYOR
112 SPONSORED BY: COMMISSIONER RICH DALLY
113
114 ATTE`•
115
116 v'�
117 JENORGE'1 GUILLEN
118 CITY CLERK
119
120 APPROVED AS TO LEGAL SUFFICIENCY
121 FO",
122
/123
124 4NIFER MERINO
125 • ATTORNEY VOTE
AYE/NAY
Mayor London
vice Mayor Lazarow
Comm.Butler
Comm.Day
Comm.Taub /
4 ORD. NO. 2018 - 027
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