R5G-Amend Ch 46 Expand Polystyrene Sale-Use Restrictions -Grieco-COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading Of An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach,
Entitled "Environment," By Creating Article Vl, To Be Entitled" Expanded Polystyrene Sale And Use
Restrictions," To Provide Regulations For The Sale And Use Of Expanded Polystyrene Food Service
Articles, And To Provide For Enforcement, PenalTies, And Waivers For Financial Hardship;And Providing
For Repealer, Severability, Codification, And An Effective Date.
Enhance the Environmental Sustainability of the Community.
Supporting Data Environmental Scan, etc.): N/A
Item Summary/Recommendation:
SECOND READING - PUBLIC HEARING
The proposed Ordinance provides that no food service provider or store shall sell, use, offer for sale or
use, or provide food in expanded polystyrene food service articles. The Ordinance contains exemptions for
(1) expanded polystyrene food service articles used for prepackaged food that have been filled or sealed
prior to receipt by the food service provider or store, (2) expanded polystyrene food service articles used to
store raw meat, pork, fish, seafood, or poultry sold from a butcher case or similar refrigerated retail display
or storage case, and (3) not-for-profit corporations, religious organizations, the schooldistrict, and county,
state, and federal government entities.
The Ordinance provides for public education by the City from September 15,2015, to March 14,2016,1o
inform food service providers and stores of the provisions of the Ordinance and to provide assistance with
identifying alternatives to expanded polystyrene food service articles. Following the City's public education
efforts, the City shall provide for a six-month warning period from March 15, 2016 to September 14,2016,
during which time written warning shall be issued by the Code Compliance Department for violations of the
Ordinance, except as to coolers and ice chests, for which a 60 daywarning period is provided for through
and including November 13,2015.
Beginning November 14,2015, the Code Compliance Department shall start enforcing violations of this
Ordinance associated with ice chests and coolers. Starting on September 15, 2016, the enforcement and
penalty provisions of the Ordinance with regard to all other expanded polystyrene food service articles (in
addition to coolers and ice chests) shall take effect. The Ordinance imposes civilfines of $50.00 for a first
violation within a 12-month period, $100.00 for a second violation within a 12-month period, and $500.00
for a third or subsequent violation within a 12-month period. Once a notice of violation is issued, the named
violator may elect to pay the civil fine or request an administrative hearing before a special master. The
Ordinance also includes provisions for a financial hardship waiver that may be requested from the City
Manager under certain circumstances.
The Administration recommends that the City Commission adopt the proposed Polystyrene Sale and Use
Restrictions Ordinance on second readi
The Sustainability and Resiliency Committee unanimously passed this Ordinance with a positive
recommendation at their June 24,2015 meetino.
Financia! I nformation :
Source of
Funds:
Amount Account
,l
OBPI Total
AGENDA 'TEM 'q5
&E MIAMIBEACH D^TE q.J.IY412
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
SION MEMORANDUM
TO: Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015 ING - PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, AMENDING CHAPTER 46 OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED..ENVIRONMENT,'' BY CREATING ARTICLE VI, TO BE ENTITLED
..EXPANDED POLYSTYRENE SALE AND USE RESTRICTIONS," TO
PROVIDE REGULATIONS FOR THE SALE AND USE OF EXPANDED
POLYSWRENE FOOD SERVICE ARTICLES, AND TO PROVIDE
FOR ENFORCEMENT, PENALTIES, AND WAIVERS FOR FINANCIAL
HARDSHIP; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMM ENDATION
The Administration recommends that the City Commission adopt the proposed Polystyrene Sale and
Use Restrictions Ordinance on Second Reading.
BACKGROUND
On May 6,2015, the Mayor and City Commission referred a discussion item regarding a citywide
prohibition of expanded polystyrene food service articles to the Sustainability and Resiliency
Committee (SRC). At the May 27,2015 meeting, the SRC passed a motion direction the Office of
the City Attorney to draft an ordinance to impose restrictions on the sale and use of expanded
polystyrenefoodservicearticles.Atthe June24,20l5meeting,theSRCunanimouslypassedthe
attached Ordinance with a favorable recommendation. On July 8, 2015, the Mayor and City
Commission passed the proposed ordinance on first reading.
PROPOSED ORDINANCE
The proposed Ordinance provides that no food service provider or store shall sell, use, offer for sale
or use, or provide food in expanded polystyrene food service articles. The Ordinance contains
exemptions for (1) expanded polystyrene food service articles used for prepackaged food that have
been filled or sealed prior to receipt by the food service provider or store, (2) expanded polystyrene
food service articles used to store raw meat, pork, fish, seafood, or poultry sold from a butcher case
or similar refrigerated retail display or storage case, and (3) not-for-profit corporations, religious
organizations, the school district, and county, state, and federal government entities.
413
Polystyrene Sale and Use Resfrictions Memo - Second Reading
September 2, 2015
Page 2 of 2
The Ordinance provides for public education by the City from September 15,2015, to March 14,
2016, to inform food service providers and stores of the provisions of the Ordinance and to provide
assistance with identifying alternatives to expanded polystyrene food service articles. Following the
City's public education efforts, the City shall provide for a six-month warning period from March 15,
2016 to September 14,2016, during which time written warning shall be issued by the Code
Compliance Department for violations of the Ordinance, except as to coolers and ice chests, for
which a 60 day warning period is provided for through and including November 13, 2015.
Beginning November 14,2015, the Code Compliance Department shall start enforcing violations of
this Ordinance associated with ice chests and coolers. Starting on September 15,2016, the
enforcement and penalty provisions of the Ordinance with regard to all other expanded polystyrene
food service articles (in addition to coolers and ice chests) shalltake effect. The Ordinance imposes
civil fines of $50.00 fora firstviolation within a 12-month period, $100.00 fora second violation
within a 12-month period, and $500.00 for a third or subsequent violation within a 12-month period.
Once a notice of violation is issued, the named violator may elect to pay the civil fine or request an
administrative hearing before a special master. The Ordinance also includes provisions for a
financial hardship waiver that may be requested from the City Manager under certain circumstances.
FIVE YEAR FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action.
The City of Miami Beach has over 1,000 food-related businesses that directly or indirectly provide
food take out services. During the initial educational six month period, City staff through the Division
of Resiliency and Sustainability as well as the Code Compliance Department, will coordinate to
educate the businesses as well as constituents regarding this new ordinance. However, after the
initial process, Code Compliance Department projects a minimum of three (3) FullTime Equivalents
(FTEs) Code Compliance Officers (CCOs) to respond to complaints and address violators
proactively. This is a very preliminary financial projection which will need to be revisited at the
conclusion of the first six (6) month educational period.
Three (3) FTE CCOs will cost approximate $240,000 in year one, with an annual cost of $155,500
following year one. Attachment B provides the fiscal projection associated with the three (3) FTE
CCOs.
CONCLUSION
The Administration recommends approving the Ordinance.
Attachment: A - Polystyrene Sale and Use Restrictions Ordinance
B - Fiscal Projections
MT/ESW/MKW
T:\AGENDA\201S\September\ENVIRONMENTAL\Polystyrene - MEM Second Reading.doc
414
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GIry GOMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT,"BY CREATING ARTICLE VI, TO BE ENTITLED "EXPANDED
POLYSWRENE SALE AND USE RESTRICTIONS," TO PROVIDE
REGULATIONS FOR THE SALE AND USE OF EXPANDED
POLYSTYRENE FOOD SERVICE ARTIGLES, AND TO PROVIDE FOR
ENFORCEMENT, PENALTIES, AND WAIVERS FOR FINANGIAL
HARDSHIP; AND PROVIDING FOR REPEALER, SEVERABILITY,
GODIFICATION, AND AN EFFEGTIVE DATE.
WHEREAS, the City of Miami Beach ("City"), a world-renowned tourist destination,
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 lands and in the waters of the City, and along its
shores and famous beaches; and
WHEREAS, the City is comprised of a number of islands with approximately 70 miles of
shoreline along numerous canals and waterways, the Atlantic Ocean, and Biscayne Bay Aquatic
Preserve, all of which support a wide variety of flora and fauna; and
WHEREAS, the waters surrounding the City support threatened and endangered
species such as the West lndian manatee and Johnson's seagrass; and
WHEREAS, the City's beaches are a designated nesting habitat for the protected
loggerhead, green, and leatherback sea turtles, and support shorebird species, including royal
terns and seagulls; and
WHEREAS, the City's waters also act as nurseries and habitats for migratory birds,
including brown pelicans and ospreys, and for commercially and recreationally important fish,
such as snapper, sailfish, and mahi-mahi; 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
WHEREAS, disposable expanded polystyrene food service articles such as cups, plates,
coolers, ice chests, and food containers contribute to litter in the City's streets, parks, public
places, and waterways, and on the City's beaches; and
415
WHEREAS, the City's goal is to replace expanded polystyrene food service articles with
reusable, recyclable, or compostable alternatives within the City; 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 to single-use, disposable food service articles 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 sale and use of
expanded polystyrene food service articles by certain food service providers and retail stores;
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
CIry OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article Vl of Chapter 46 of the Code of the City Miami Beach is hereby
created as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE Vl. Expanded Polvstvrene Sale and Use Restrictions
Sec. 46-205. Definitions.
The followino words. terms, and phrases. when used in this article. shall have the meaninqs
ascribed to them in this section. except where the context clearlv indicates a different meaninq:
Charn food seryice provrder means five or more food service providers located within the
citv that (a) conduct business under the same business name or (b) operate under
common ownership or manaqement or pursuant to a franchise aqreement with the same
franchisor.
Charn sfore means five or more stores located within the citv that (a) conduct business
under the same business name or (b) operate under common ownership or
manaoement or pursuant to a franchise aqreement with the same franchisor.
Code complrance officer means a code inspector as defined in section 30-3 of the Citv
Code and. for purposes of this article, shall include. without limitation, a police officer.
Expanded polysfvrene means blown polvstvrene and expanded and extruded foams that
are thermoplastic petrochemical materials utilizinq a stvrene monomer and processed bv
anv number of techniques includino, but not limited to. fusion of polvmer spheres
(expandable bead foam). iniection moldinq, foam moldinq. and extrusion-blown moldinq
(extruded foam polvstvrene).
416
Expanded polysfyrene food service arficles means plates. bowls, cups, containers. lids,
travs. coolers. ice chests. and all similar articles that consist of expanded polvstvrene.
Food seryice provrder means a person or entitv that provides food directlv to the
consumer, reqardless of whether such food is provided free of charge or sold. or
whether consumption occurs on or off of a premises. or whether the food is provided
from a pushcart. stand, or vehicle. Food service providers shall include. but are not
limited to. chain food service providers. restaurants, fast food restaurants. cafes.
sidewalk cafes, delicatessens. coffee shops, orocery stores. markets, supermarkets.
druq stores. pharmacies. bakeries. caterers, oas stations, vending trucks or carts. and
cafeterias.
Polvsfvrene means a thermoplastic polvmer or copolvmer comprised of at least 80
percent stvrene or para-methvlstvrene bv weioht.
Sfore means a retail or wholesale establishment other than a food service provider.
Section 46-206. Prohibitions regardinq the sale or use of expanded polvstvrene food
service articles bv food service providers and stores: exemptions.
Food service providers and stores shall not sell, use. offer for sale or use. or provide food in
expanded oolvstvrene food service articles. This article shall not applv to
(e) expanded polvstvrene food service articles used for prepackaoed food that have been
filled and sealed prior to receipt bv the food service provider or store:
(b) expanded polvstvrene food service articles used to store raw meat. pork. fish, seafood.
or poultrv sold from a butcher case or similar refrioerated retail displav or storaoe case:
and
(g) not-for-profit corporations. the school district, and countv, state, and federal
qovernmental entities.
Section 46-207. Enforcement: penalties.
(a) Beqinninq September 15.2015,
flf the Citv shall enqaoe in public education efforts to inform food service providers
and stores of the provisions of this article and to provide assistance with
identifvins alternatives to expanded polvstvrene food service articles.
(4 the Citv shall provide for a sixtv (60) dav warninq period throuqh and includino
November 13,2015, durinq which the code compliance department shall issue
written warninqs for violations of the prohibitions in section 46-206 as to the
followinq expanded polvstvrene food service articles: coolers and ice chests.
(b) Beqinninq November 14. 2015. the code compliance department shall enforce the
provisions in this article as to the followinq expanded polvstvrene food service articles:
ice chests and coolers.
417
(q) Beoinninq March 15,2016, and except as othen/ise provided in subsections (aX2) and
(b), the Citv shall provide for a six (6) month warninq period throush and includino
September 15.2016 durino which the code compliance department shall issue written
warninqs for violations of this article.
(gD Beqinninq September 15, 2016. the code compliance department shall enforce the
provisions in this article in addition to the orovisions alreadv enforced pursuant to
subsection (b).
(s) lf a code compliance officer finds a violation of this article. except as othenvise provided
durinq the warninq periods in subsections (aX2) and (c). the code compliance officer
shall issue a notice of violation. The notice shall inform the violator of the nature of the
violation, amount of fine for which the violator is liable. instructions and due date for
pavinq the fine. that the violation mav be appealed bv requestino an administrative
hearino before a special master within ten (10) davs after service of the notice of
violation, and that the failure to appeal the violation within ten (10) davs of service shall
constitute an admission of the violation and a waiver of the rioht to a hearino.
(fl A violator who has been served with a notice of violation must elect to either
fl) pav the followino civil fine:
(a) First violation within a 12-month period..............................$ 50.00:
(B) Second violation within a 12-month period........................ $100.00:
(g) Third or subsequent violation within a 12-month period... .$500.00:
or
(!) request an administrative hearinq before a special master to appeal the notice of
violation. which must be requested within ten (10) davs of the service of the
notice of violation. The procedures for appeal bv administrative hearino of the
notice of violation shall be as set forth in sections 30-72 and 30-73 of this Code.
Applications for hearinqs must be accompanied bv a fee as approved bv a
resolution of the citv commission, which shall be refunded if the named violator
prevails in the appeal.
(g) Failure to pav the civil fine. or to timelv request an administrative hearino before a
special master. shall constitute a waiver of the violator's riqht to an administrative
hearinq before the special master, and shall be treated as an admission of the violation.
for which fines and penalties shall be assessed accordinqlv.
(h) A certified copv of an order imposino a fine mav be recorded in the public records. and
thereafter shall constitute a lien upon anv real or personal propertv owned bv the
violator, which mav be enforced in the same manner as a court iudqment bv the sheriffs
of this state. includino lew aqainst the violator's real or personal propertv. but shall not
be deemed to be a court iudoment except for enforcement purposes. After three months
followinq the recordino of anv such lien that remains unpaid, the Citv mav foreclose or
otherwise execute upon the lien for the amount of the lien plus accrued interest.
418
(j) The special master shall be prohibited from hearinq the merits of the notice of violation
or considering the timeliness of a request for an administrative hearinq if the violator has
failed to request an administrative hearing within ten (10) davs of the service of the
notice of violation. The special master shall not have discretion to alter the penalties
prescribed in this article. Anv partv aqorieved bv a decision of a special master mav
appeal that decision to a court of competent iurisdiction.
Section 46-208. Financial hardship waiver.
Anv food service provider or store that reported an annual qross income under $500,000 per
location on its income tax filins for the most recent tax vear. and that is not a chain food service
provider or chain store. mav request from the citv manaqer. in a manner and form established
bv the citv manaqer, a financial hardship waiver of the requirements of this article. The financial
hardship waiver request mav applv to one or more expanded polvstvrene food service articles
sold. used, or offered for sale or use bv anv such food service provider or store. The Citv
Manaqer mav qrant a waiver if the food service provider or store proves the followinq:
(a) there is no comparable alternative product not composed of expanded polvstvrene that
would cost the same as or less than the expanded polvstvrene food service article. and
(b) the purchase or use of an alternative product not composed of expanded polvstvrene
would create an undue financial hardship.
Such financial hardship waiver shall be valid for twelve months and mav be renewable upon
application to the citv manaoer. lf an administrative hearinq is requested pursuant to section 46-
207(fl(2). a pendinq financial hardship waiver request shall be orounds for a continuance of the
administrative hearino, but onlv if the notice of violation was issued after the submittal of the
financial hardship waiver request.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. 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.
419
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect on the day of 2015.
PASSED AND ADOPTED this
ATTEST:
day of.2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S+rike+tcr€ugh denotes deletions
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
{.1[5
Dote
F:\ATTO\TURN\ORDINANC\Polystyrene Sale and Use Restrictions 201 5 (1st Readang 7-8-15).docx
420
Attachment B
Three (3) Code Compliance Officer(s) - Year 1
Salary (1)
Medicare (1)
Health Contribution (1 )
Overtime (1)
Uniforms (1)
FlcA (1)
Allowances
Vehicle
Workmen's Com pensation
Computers and Monitors
Subtotal
Total (3 officersl
Rounded up:
Three (3) Code Compliance Officer(s) - Years 2-5
Salary (1)
Medicare (1)
Health Contribution (1 )
Overtime (1)
Uniforms (1)
FrcA (1)
Allowances
Workmen's Compensation
Subtotal
Total (3 officers)
$43,032.08
$623.97
$5,000.00
$2,400.00
$600.00
$53.00
$35.00
$21,000.00
$18.00
$7,000.00
$ 79,762.05
$239,286.15
$240,000.00
$43,032.08
$623.97
$5,000.00
$2,400.00
$600.00
$53.00
$3s.00
$18.00
$ 51,762.05
$155,286.15
421
o(oo
!,
*cSssH E€E €T
rtu aiE ;iE E; E*rE:4: :sg Er Bc o G >:! o o v G c i5 -
3ig EiI igE :t €+
;E$E*i pEE [E E=:=9 oEo ,!2E;
sE$qEE EEE t"e Ea;E';#.BE 8EE +East 9:9 .>sl'; sE
EEEaEi EE# A€
*EE EgE EEE EH
E;I:*E .EeH E;
€Ei ari gt= ;-H
;i$ *Ee Eaa 'E;
EXE a5E i HE ;*
=tIE :I g ;€: rs
+tfi Bgf IE; IE
I.i.i 53€ E€E EE
EE# E3,g t€E .e s
EaI aIq rli EEx,I;3*-t ;-sE ba;6€ E€-- .U!fi Et6i.E as5 i:h HA
a?qEEf eE;, cto o.! .9_-!- E !, E: c.=I3E iIE raEe'H'-
iEB HgtE EE;E EE
EEairEE$grEig
f,Eq Ei Ei gEtE
E if+r #f;E s Et Ei .E Ee
IH{ EE!; f;{i I EgE
:E€E EEf,E EEEH gi$
E?EE EEEt sEiE i;E
EE-'o{ b'E P,=uErE
=EEg>oo@ -.'EoQ( 9=-b€.EN htoic! d
Eg?<oo
i?.[o Xdo a'oo or
9€ s
P oEif e
.e gi^
,=E >
=
L--ooY,r E*-c E3:3
E g{
tE(:!
6bBF
9 F eR'= 'ts .9 t'l
$iHErdPI
E sg iu?9';.; 6 b'j@ tr O:--; t <'!.
Eae *
O 3 P.EEiEtPz 9riXgrEi
iEgGe#* rEr E ts
BE5 Eco'= z's
,- EE CEu Hu+$3€
*@ e ooo Eia35EisEeEESFIt-- oE q
= c -{
EEg F.qE9;
#;='ior- c cE 92 o-E EN d
E,A*E
<v> Ye*9E
. Ep-;#Ftr.You
fiSEfr:P€r-s.€
fuEiEEiEBEEEEiEEiE
U'(,
-2,!-(JG
IrJ UJOE
=9<65f
5g
EHoz
llilfi
llll€ililkI
uIIzlrrl-l;t6lNl
RlFI
=l(,lll<l
?lol6lEi
=i-lFI
Uz
eoqE
6
o-
E
.9
=
ttJ
&r
=s
=
422
THIS PAGE INTENTIONALLY LEFT BLANK
423