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R5B-Prohibit Sale-Use Of Polystyrene Food Service Articles -Grieco-COMMISSION ITEM SUMMARY Condensed Title: Second Reading of an Ordinance prohibiting the carrying of expanded polystyrene into parks; prohibiting the sale or use in public facilities and on public property of expanded polystyrene food service articles by City contractors and special event permittees; and prohibiting sidewalk caf6s from providing expanded food service articles on the riqht-of-wav or to sidewalk caf6 patrons. Enhance the Environmental Sustainability of the Communlty. Supporting Dala: 2oh of residential respondents indicated trash and litter is an area that the City needs to improve. ln the 2014 Community Satisfaction Survey, residential respondent and business owner 4o/o and 2o/o from 2012, SECOND READING - PUBLIC HEARING Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and watennrays. The waters surrounding the City support a wide variety of flora and fauna. These waters also act as nurseries and habitat for migratory birds and for commercially and recreationally important fish. Furthermore, the City's beaches support shorebird species and are a designated nesting habitat for the protected Loggerhead, Green, and Leatherback sea turtles. lt is especially critical that the City limit pollutants from entering the environment due to its proximity to the City's vast system of interconnected waterways and sensitive marine habitats. One pollutant of particular concern is expanded polystyrene, a petroleum based by-product which constitutes a large portion of the litter in the City's streets, public places, and watenrrays. Expanded polystyrene is a particularly harmful pollutant because it is non-biodegradable and not readily recyclable. Furthermore, it fragments into smaller pieces that easily enter and remain in the environment harming or killing marine life and other wildlife that accidentally ingest it. Section 46-92 of the City Code currently bans the carrying of Styrofoam products onto the City's beaches. The proposed Ordinance replaces the word "Styrofoam" in the definition of "litter" in this section with the correct term "polystyrene". Additionally, the Ordinance extends the prohibition of expanded polystyrene products to parks because many City parks are located along in close proximity to bodies of water and, therefore, litter at these locations can easily enter the marine environment. The proposed Ordinance also amends Chapter 82 of the City Code by creating Section 82-7, which prohibits the sale or use of expanded polystyrene food service articles in public facilities and on public property by City contractors and special event permittees. The prohibition only applies to new contracts entered after the effective date, unless an entity with an existing contract or special event permit agrees to voluntarily cease using expanded polystyrene food service articles. Finally, the proposed Ordinance amends the minimum standards for sidewalk caf6s in Section 82-385 to prohibit expanded polystyrene food service articles on the right-of-way and to prohibit sidewalk caf6 permittees from providing expanded polystyrene food service articles to sidewalk caf6 patrons. The City has over 225 permitted sidewalk caf6s citywide. These non-enclosed establishments can be major contributors to litter nuisance as lightweight articles, such as expanded polystyrene products, are picked up by wind and rain. By eliminating expanded polystyrene products in parks and prohibiting the use of expanded polystyrene food service articles by City contractors, special event permittees, and sidewalk caf6 permittees, the proposed Ordinance will reduce the presence of this pollutant on the City's rights-of-way and wateruyays and enhance the City's environmental sustainability. On June 11,2014, the City Commission approved the Ordinance on First Reading. The Administration recommends that the City Commission the Ordinance on Second Readino Public On May 22, 2014, the Sustainability Committee recommended that the City Commission approved the Financial lnformation: Source of Funds: Amount Account 1 OBPI Total Financial lmpact Summary: slative Tracki *te,run* rreru PSBE nAIAMISIACH o^rG 7+ylv589 g MIAMI BEACH City of Miomi Beoch, lZ00 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Philip Levine and Members of City Jimmy L. Morales, City Manager July 23,2014 SECOND READING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE II!, ENTITLED "LITTER," BYAMENDING DIVISION 1, ENTITLED..GENERALLY," BY AMENDING SECTION 46.92 THEREOF, ENTITLED "LITTER; DEFINITIONS; PROHIBITIONS ON LITTER; PENALTIES FOR LITTER AND COMMERCIAL HANDBILL VIOLATIONS; COMMERCTAL HAN DBILL REGULATIONS, FIN ES, AND REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF LITTER BY THE CITY; ENFORCEMENT; APPEALS; LIENS,, TO AMEND THE DEFINITION OF LITTER IN SUBSECTION (A) BY SUBSTTTUTTNG THE WORD ,,pOLySTyRENE" FOR THE WORD "STYROFOAM" AND TO AMEND SUBSECTION (C) TO PROHIBIT ANY PERSON FROM CARRYING ANY EXPANDED POLYSTYRENE PRODUCT INTO ANY PARK WITHIN THE GITY; AMENDING CHAPTER 82 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY,'' BY AMENDING ARTICLE I, ENTITLED,.!N GENERAL," BY CREATING SECTION 82.7 THEREOF, ENTITLED..PROHIBITIONS REGARDING SALE OR USE OF EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES BY CITY CONTRACTORS AND SPECIAL EVENT PERMITTEES," TO PROHIBITTHE SALE, USE, AND OFFERING OF EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES BY CITY CONTRACTORS AND SPECIAL EVENT PERMITTEES IN CITY FACILITIES AND ON CITY PROPERTY; AMENDING CHAPTER 82 OF THE CODE OF THE CIry OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS-OF. WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SEGTION 82.385 THEREOF, ENTITLED "MIN!MUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF S!DEWALK CAFES," TO PROVIDE PROHIBITIONS REGARDING EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES ON THE RIGHT-OF-WAY; AND PROVIDING FOR REPEALER, SEVERABIL!TY, CODIFICATION, AND AN EFFECTIVE DATE. 590 Polystyrene Ordinance Memo - Second Reading July 23,2014 Page 2 of 3 BACKGROUND Atthe May 22,2014 Sustainability Committee meeting, the Committee discussed restricting the sale and use of expanded polystyrene (commonly known as Styrofoam) products, to reduce litter and pollutants in the City's waterways and to enhance the environmental sustainability of the City. The Sustainability Committee unanimously passed a motion recommending that the City Commission approve an ordinance drafted by the City Attorney's Office, which would (1) prohibit the carrying of expanded polystyrene products into City parks; (2) prohibit the sale or use in public facilities and on public property of expanded polystyrene food service articles by City contractors, vendors, lessees, concessionaires, operators of City facilities and properties, and special event permittees; and (3) prohibit expanded polystyrene food service articles on the right-of-way and prohibit sidewalk caf6 permittees from providing expanded polystyrene food service articles to sidewalk caf6 patrons. On June 1 1,2014, the City Commission approved the Ordinance on First Reading. Subsequent to its approval on First Reading, a minor language revision has been made to Section 82-7 lo clarify that public facilities and property refer only to City facilities and property. Attachment A shows the Ordinance as it is being presented for Second Reading. ANALYS!S Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and waterways, including lndian Creek, Surprise Lake, and Lake Pancoast, as well as the Atlantic Ocean and the Biscayne Bay Aquatic Preserve. The waters surrounding the City support a wide variety of flora and fauna, including threatened and endangered species like the West lndian manatee, the American crocodile, Johnson's seagrass, and smalltoothed sawfish. These waters also act as nurseries and habitat for migratory birds, including brown pelicans and ospreys, and for commercially and recreationally important fish, such as snapper, sailfish, and mahi-mahi. Furthermore, the City's beaches support shorebird species, including seagulls and royal terns, and are a designated nesting habitat for the protected Loggerhead, Green, and Leatherback sea turtles. It is especially critical that the City limit pollutants from entering the environment due to its proximity to the City's vast system of interconnected waterways and sensitive marine habitats. One pollutant of particular concern is expanded polystyrene, a petroleum based by-product which constitutes a large portion of the litter in the City's streets, public places, and waterurrays. The Environmental Protection Agency has determined that floatable debris, like expanded polystyrene, can have "serious impacts on human health, wildlife, the aquatic environment and the economy" (Assessing and Monitoring Floatable Debris, August 2002; EPA-842-8-02-002). Expanded polystyrene is a particularly harmful pollutant because it is non-biodegradable and not readily recyclable. Furthermore, it fragments into smaller pieces that easily enter and remain in the environment harming or killing marine life and other wildlife that accidentally ingest it. Section 46-92 of the City Code currently bans the use of Styrofoam products on the City's beaches. The proposed Ordinance replaces the word "Styrofoam" in the definition of "litter'' in this section with the correct term "polystyrene". Additionally, the Ordinance extends the prohibition of expanded polystyrene products to parks because many City parks, including South Pointe Park, Maurice Gibb Park, Pine Tree Park, and North Shore Open Space Park, are located along in close proximity to bodies of water and, therefore, litter at these locations can easily enter the marine environment. 591 Polystyrene Ordinance Memo - Second Reading July 23, 2014 Page 3 of 3 The proposed Ordinance also amends Chapter 82 of the City Code by creating Section 82-7, which prohibits the sale or use in public facilities and on public property of expanded polystyrene food service articles by City contractors and special event permittees. City contractors are defined as contractors, vendors, lessees, and concessionaires of the City and operators of a City facility or property. Special event permittees are defined as any person or entity issued a special event permit by the City for a special event on City property or in a City facility. The prohibition only applies to new contracts entered after the effective date, unless an entity with an existing contract or special event permit agrees to voluntarily cease using expanded polystyrene food service articles. Once the ordinance is passed and adopted, the Administration will reach out to contractors and special event permittees with existing contracts and permits to notify them of the Ordinance and to encourage them to voluntarily cease using and offering expanded polystyrene food service articles. Finally, the proposed Ordinance amends the minimum standards for sidewalk caf6s in Section 82- 385 to prohibit expanded polystyrene food service articles on the right-of-way and to prohibit sidewalk caf6 permittees from providing expanded polystyrene food service articles to sidewalk caf6 patrons. The City has over 225 permitted sidewalk caf6s cityruide. These non-enclosed establishments can be major contributors to litter nuisance as lightweight articles, such as expanded polystyrene products, are picked up bywind and rain. Byeliminating expanded polystyrene products in parks and prohibiting the use of expanded polystyrene food service articles by City contractors, special event permittees, and sidewalk caf6 permittees, the proposed Ordinance will reduce the presence of this pollutant on the City's rights-of-way and watenruays and enhance the City's environmental sustainability. CONCLUSION The Administration recommends approving the Ordinance. Attachments: Expanded Polystyrene Ban Ordinance JMJ/MVF/ESW/MKW T:\AGENDA\2014\July\Polystyrene Ordinance - MEM Second Reading.doc 592 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF MIAM! BEACH, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDING DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SECTION 46. 92 THEREOF, ENTITLED "LITTER; DEFINITIONS; PROHIBITIONS ON LITTER; PENALTIES FOR LITTER AND COMMERCIAL HANDBILL VIOLATIONS; COMMERCIAL HANDBILL REGULATIONS, FINES, AND REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF LITTER BY THE GITY; ENFORCEMENT; APPEALS; LIENS,, TO AMEND THE DEFtNtTtON OF LTTTER tN SUBSECTTON (A) By SUBSTITUTING THE WORD "POLYSWRENE" FOR THE WORD "sTyRoFoAM" AND TO AMEND SUBSECTTON (C) TO PROHIBIT ANY PERSON FROM CARRYING ANY EXPANDED POLYSTYRENE PRODUCT INTO ANY PARK WITHIN THE CITY; AMENDING CHAPTER 82 OF THE GODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTIGLE I, ENTTTLED "tN GENEFIAL," By CREATTNG SECTTON g2-7 THEREOF, ENTITLED "PROHIBITIONS REGARDING SALE OR USE OF EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES BY CITY CONTRACTORS AND SPECIAL EVENT PERMITTEES," TO PROHIBIT THE SALE, USE, AND OFFERING OF EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES BY C!ry CONTRACTORS AND SPEGIAL EVENT PERMITTEES !N CITY FACILITIES AND ON CITY PROPERTY; AMENDING CHAPTER 82 OF THE GODE OF THE CITY OF MIAM! BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE !V, ENTITLED "USES IN PUBLIC RIGHTS.OF.WAY," BY AMENDING DIVISION 5, ENTITLED "SIDEWALK CAFES," BY AMENDING SUBDIVISION II, ENTITLED "PERMIT," BY AMENDING SECTION 82. 385 THEREOF, ENTITLED "MINIMUM STANDARDS, CRITERIA, AND CONDITIONS FOR OPERATION OF SIDEWALK CAFES," TO PROVIDE PROHIBITIONS REGARDING EXPANDED POLYSryRENE FOOD SERVICE ARTICLES ON THE RIGHT-OF-WAY; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach ("City") declares that it is in the interest of the public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on the land and in the waters of the City; and WHEREAS, expanded polystyrene, a petroleum by-product commonly known as Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of years to degrade in the environment; and WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller, non-biodegradable pieces that are ingested by marine life and other wildlife, thus harming or killing them; and WHEREAS, due to the physical properties of expanded polystyrene, the EPA states "that such materials can also have serious impacts on human health, wildlife, the aquatic environment and the economy"; and 593 WHEREAS, disposable food service articles constitute a portion of the litter in the City of Miami Beach's streets, parks, public places, and wateruvays; and WHEREAS, the City's goal is to replace expanded polystyrene food service articles with reusable, recyclable or compostable alternatives; and WHEREAS, the City encourages the use of unbleached, non-coated, recycled-content paper food service articles and other fiber-based food service articles as the most environmentally preferable alternatives when the use of reusable food ware is not feasible; and WHEREAS, as an environmental leader among local governments in the State of Florida, the City of Miami Beach, by virtue of this Ordinance, will prohibit the use of expanded polystyrene food service articles by lts contractors and special event permittees in City facilities and on City property; will prohibit the use of expanded polystyrene food service articles by sidewalk cafes on the public right-of-way; and, will strengthen its litter laws by prohibiting expanded polystyrene products in City parks; and WHEREAS, this Ordinance will preserve and enhance the environment of the City of Miami Beach. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SEGTION 1. That Division 1 of Article lll of Chapter 46 of the Code of the City Miami Beach is hereby amended as follows: CHAPTER 46 ENVIRONMENT ARTICLE III. ** * Litter DIVISION 1. Generally Sec. 46-92. Litter; definitions; prohibitions on litter; penalties for litter and commercial handbill violations; commercial handbill regulations, fines, and rebuttable presumptions; seizure and removal of litter by the city; enforcement; appeals; Iiens. (a) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (5) Litter means any paper, handbill, commercial handbill, garbage, bottle caps, chewing gum, tobacco products, including, but not limited to, used and unused cigarettes, cigars, pipe or chewing tobacco, s+Vre+eam polvstvrene or plastic products, or other waste, including, but not limited to, tree, plant, and grass cuttings, leaves, or other yard maintenance debris, that has been placed or deposited on a public sidewalk, street, road, avenue, beach, swale, median, building, fence, wall, boardwalk, beachwalk, baywalk, cutwalk, park, or in a gutter, drain, or sewer, or on any other public property, 594 right-of-way or place, or on any object located on public property, or on the kneewall, window ledge or sill of any public or private building, or on a motor vehicle, or on any other type of private real or personal property. Handbills and commercial handbills attached to a trash receptacle, but not within the trash receptacle in the usual manner, shall also be considered litter. (c) Prohibitions on beaches and parks.lt shall be unlaMul for any person to carry onto any beach within the city a glass or metal bottle or other glass or metal container. ln addition, it shall be unlawful for any person to carry any s*yrefeam expanded polvstvrene product onto any beach or into anv park within the city or for any business to provide plastic straws with the service or delivery of any beverage to patrons on the beach. SECTION 2. That Article I of Chapter 82 of the Code of the Clty Miami Beach is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY ARTICLE l. ln General Sec.82-7 articles bv ciW contractors and special event permittees. (g) Leqls/afiye infenf. Expanded polvstvrene, a petroleum bvproduct commonlv known as Stvrofoam, is neither readilv recvclable nor biodeqradable and takes hundreds to thousands of vears to deorade. Expanded polvstvrene is a common pollutant, which fraqments into smaller, non-biodeqradable pieces that are harmful to marine life. other wildlife, and the environment. The Citv's qoals are to reduce the use of expanded polvstvrene and encouraqe the use of reusable, recvclable. or compostable alternatives. &) Definrtions. For purposes of this section onlv, the followinq definitions shall applv: (!f Cffy confracfor means a contractor, vendor. lessee, concessionaire of the Citv, or operator of a Citv facilitv or propertv. (!) Expanded polysfyrene means blown oolvstvrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizinq a stvrene monomer and processed bv anv number of techniques includinq, but not limited to, fusion of polvmer spheres (expandable bead foam), iniection moldinq, foam moldinq, and extrusion-blown moldinq (extruded foam polvstvrene). (!) Expanded polysfyrene food seryice arfibles means plates. bowls, cups. containers, lids, travs, coolers, ice chests, and all similar articles that consist of expanded polvstvrene. (![) Psblb Crtv faclrtie€v includes, but e{€ is not limited to, anv buildinqs, structures. 595 parks, beaches, or qolf courses owned, operated, or manaqed bv the Citv. (Q Pgblb Crtv properfy includes, but is not limited to, anv land, water, or air riohts owned. operated, or manaqed bv the Citv. (Q) Specra/ eyenf permrtfee means anv person or entitv issued a special event permit bv the Citv for a special event on pulalie Citv propertv or in a publie Citv facilitv. (g) Citv contractors and special event permittees shall not sell, use, provide food in, or offer the use of expanded polvstvrene food service articles in publie Citv facilities or on publie Citv propertv. A violation of this section shall be deemed a default under the terms of the Citv contract, lease. or concession agreement and is qrounds for revocation of a special event permit. This subsection shall not applv to expanded polvstvrene food service articles used for prepackaoed food that have been filled and sealed prior to receipt bv the Citv contractor or special event permittee. (9!) Anv Citv contract, lease, or concession aoreement entered into prior to the effective date of this section or anv special event permit issued prior to the effective date of this section shall not be subiect to the requirements of this section, unless the Citv contractor or special event permittee voluntarilv aqrees thereto. SECTION 3. That Subdivision ll of Division 5 of Article lV of Chapler 82 of the Code of the City Miami Beach is hereby amended as follows. CHAPTER 82 PUBLIC PROPERTY ARTICLE lV. U""" in puUfic nights-of-Way DIVISION 5. Sidewalk Gafes ,r*,r,",on ff. Permlt Sec. 82-385. Minimum standards, criteria, and conditions for operation of sidewalk cafes (p) No food preparation, tooo ,tor"gJ, expaloeo potvstvrene tooo service artictes, refrigeration apparatus or equipment, or fire apparatus or equipment, shall be allowed on the right-of-way. ln addition. expanded polvstvrene food service articles shall not be provided to sidewalk caf6 patrons. SECTION 4. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 4 596 SECTION 5. SEVERABILITY. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 7. EFFECTIVE DATE. This Ordinance shalltake effect on the day of 2014. PASSED AND ADOPTED this _ day of 2014. ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk (Sponsored by Commissioner Michael Grieco) Underline denotes additions S+ri*e+nreugh den otes deletions APPROVED A.S TO FORM & IANGUAGE & FOR EXECUTION r(ta(rt DoteCitV AttorneV y- 5 F:\ATTO\TURN\ORDINANC\Polys$rene Ordinance 201 4.docx 597 E E3€EEE EE:EEEEE E EEE gi EEE FEE EE A EE= EE ' =E; arse;E ;EeEEaEE E eEE ;g gEE gEE g1 gEH EE E EE iEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE EEEEEEEEEiiggEE*aEEEEEEE==*-;EEEEE*I,* €tEEEEe=EaEEta=$EEEAEEEEEEEEEE#E;EEESEE EEEEaEgEEEEEgiEsE-gEEEEEEEEEElgEEEEgEEEEg E€EEEE$EEEEEEEEEEEEEEEEEEEEEEEgEEggEgEEEa iE EgEEEEE EEiiEEEEg EE igEE iEE EiEg EEEES EEIEggEfiEEEEt gE EaEEEEE -E*EEEEEgE,Eg -EggE,gEgE,EEEaE,EEIEE -gEgs EE HE EgE EE ct)(5 z, -CE IJJ .l- C) -Jm EL IIo IJI(J Foz, I(J IJI 00 E =g =IIo =CJ x LJ t&Jffi 5g 7- uJ;zi:i $l6iNI O. -i =i-i -l>-i<ioiaidil!*l I ulzi i I Ei qi g:ol =lEi .Qt:i 6!J:<:e,:r: _: =:<: =l 598