HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 06_12/11/2019
Agenda Item #6.
Environmental Advisory Committee (EAC)
STAFF MEMO
Meeting: Environmental Advisory Committee (EAC) - Dec 11 2019
Staff Contact: Thomas Bradford, EAC Chair Department: Environmental Advisory
Committee
TITLE
Banning Plastic Straws; Approval of Draft Tequesta Ordinance for Village Council Consideration
ATTACHMENTS:
Memo on VOT ORD Banning Plastic Straws
VOT ORD Prohibiting Plastic Straws
Page 26 of 34
Agenda Item #6.
memo
Village of Tequesta Environmental Advisory Committee
To:
Environmental Advisory Committee Members
From:
Thomas G. Bradford, Chair
CC:
Date:
December 4, 2019
Re:
Ordinance Banning the Use of Plastic Straws and Stirrers
Comments:
At the November 13 EAC meeting the committee voted unanimously for me to
prepare a Tequesta ordinance for Village Council consideration. A copy is
attached. If the EAC wishes for Tequesta to adopt such an ordinance, the EAC
should indicate such by formal action and I can transmit it to the Village
Council.
Plastics straws can still be regulated or banned by municipalities. Plastic straws
are not part of the issue involving Coral Gables and the appealed court case
which found those prohibitions against local government regulation to be
constitutionally valid. The Florida Legislature tried to kill Home Rule and our
local ability to regulate single-use plastic straws in the 2019 Legislative Session,
but Governor DeSantis vetoed the bill indicating localities should have the right
to decide.
Why ban the use of plastic straws?
1.They are a form of pollution on the land and water
2.They are a form of litter degrading the natural beauty of our
environment
3.They threaten wildlife
4.To the extent they do biodegrade it is into smaller micro-plastics
ingested by Marinelife thereby working their way into the food chain.
5.There are plenty of environmentally friendly alternatives to single-use
plastic straws and stirrers.
Please note that the ordinance provides for a period of time for merchants to
expend their existing inventory of single-use plastic straws and stirrers before
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Agenda Item #6.
the ordinance takes effect on June 1, 2020. This is a smart way to proceed to
avoid creating merchant expense.
2
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Agenda Item #6.
ORDINANCE NO. ___-2020
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE
VILLAGE CODE OF ORDINANCES AT CHAPTER 30, ENVIRONMENTAL
CONTROL; NUISANCES, TO INCLUDE A NEW ARTICLE VII, TITLED
PROHIBITION OF PLASTIC STRAWS WITHIN THE CORPORATE LIMITS
OF THE VILLAGE; PROVIDING FOR DEFINITIONS; PROHIBITING THE
SALE, DISTRIBUTION OR USE OF SINGLE USE PLASTIC STRAWS IN
STAIRS; PROVIDING FOR EXEMPTIONS; PROVIDING PENALTIES FOR
ANY SUCH DISTRIBUTION BY AMENDING CHAPTER 54 OFFENSES TO
SPECIFY SUCH PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of Tequesta (hereinafter referred to as the
“Village”) is committed to environmental consciousness and 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, the air and in the waters of the Village, and along its shores and beaches; and
WHEREAS, the Village is located in large part on three separate peninsulas surrounded
by the Atlantic Ocean, the Intercoastal Waterway and the Wild and Scenic Loxahatchee River,
including various forks thereof, all of which supports a wide variety of flora and fauna; and
WHEREAS discarded single-use plastic straws threaten wildlife and marine life and
degrade and litter the beaches and waters off of Florida’s coast, which include areas within the
Village; and
WHEREAS, single-use plastic straws are neither readily recyclable nor biodegradable,
and take hundreds of years to degrade; and
WHEREAS, single-use plastic straws constitute a portion of the litter in the Village’s
streets, parks, public places and waterfront areas; and
WHEREAS, single-use plastic straws contribute to overburdened landfills, threaten
wildlife and marine life, and degrade and litter drainage and sewage systems, as well as the
beaches and waters off the Florida coast, which include areas within the Village; and
Ordinance No. ___-2020 1
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Agenda Item #6.
WHEREAS, single-use plastic straws are photo-biodegradable and break down into
smaller pieces which can make their way into the food chain via such animals as jellyfish and
endangered to see turtles; and
WHEREAS, the sale and distribution of single-use plastic straws, has a detrimental effect
on the Village’s environment, and that of surrounding jurisdictions; and
WHEREAS, several companies have announced plans to phase out and discontinue the
use of plastic straws in their establishments worldwide; various municipalities have adopted their
own plastic straw prohibitions; and members of the media and public have expressed their
satisfaction and concerns with plastic straw prohibitions; and
WHEREAS, the Village Council finds that there are reasonable, environmentally-friendly
alternatives to single-use plastic straws; and
WHEREAS, this Ordinance provides for an implementation period to June 1, 2020,
allowing for an extensive education campaign and for commercial establishments to expend their
stock of plastic straws; and
WHEREAS, the Village Council of the Village of Tequesta find adoption of this
Ordinance is in the best interest and promotes the health, safety, and welfare of the citizens,
residents, and businesses of the Village of Tequesta.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
Section 1.The above recitals are true and correct and are hereby incorporated into
this Ordinance as if fully re-stated herein.
Section 2. Chapter 30 of the Village Code of Ordinances is hereby amended to
include a new Article VII, titled Prohibition of Plastic Straws, to read as follows:
“Article VII - Prohibition of Plastic Straws;
Section 30-231 - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
described to them in this section, except where the context clearly indicates a different meaning:
(A) Definitions. For the purpose of this Chapter:
Ordinance No. ___-2020 2
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Agenda Item #6.
Person” means any person, business, corporation, public nonprofit entity, agency of
institution, partnership, or other organization or a group, however organized.
Natural products” means an item containing nothing artificial or synthetic in its
compounds while it remains a viable item and throughout its decomposition process.
Single-use” is defined as an item that is intended to be used one time in the same form
by the customer, food vendor or entity.
Single use plastic straw” means a tube made predominately of plastic derived from
either petroleum or a biologically-based polymer, including polymers derived from either
corn or other plant sources, for transferring a beverage from its container to the mouth of
the drinker. Single use plastic straw includes compostable and biodegradable petroleum
or biologically-based polymer straws, but does not include straws that are made from
non-plastic materials, such as paper, sugarcane, bamboo, or other similar materials.
Plastic stirrers are considered straws for the purpose of this ordinance.
Single use plastic stirrer” means a device that is used to mix beverages, intended for
only one-time use, and made predominately of plastic derived from either petroleum or a
biologically-based polymer, including polymers derived from corn or other plant sources.
Single-use plastic stirrers includes compostable and biodegradable petroleum or
biologically-based polymer stirrers and lid plugs (splash sticks), but does not include
stirrers that are made from non-plastic materials, such as paper, sugar cane, bamboo or
other similar materials.
Marine degradable” means products that will biodegrade under the marine
environmental conditions of aerobic marine waters or anaerobic marine sediments in less
than 120 days. Products predominantly made with plastics, either petroleum or
biologically-based, shall not be considered marine degradable.
Distribution” or to “distribute” means the vending, sale, giving, deployment or
delivering of a straw for any purpose, other than as defined herein, whether or not
incident to the sale, vending, provision of any kind of beverage in a container.
Commercial establishment” means an establishment used for commercial purposes, such
as restaurants, hotels, bars, nightclubs, bakeries, delis, catering halls, ice cream shops,
private offices, fitness clubs, retail stores, banks and financial institutions, supermarkets,
and other establishments with common business areas, or similar uses located in a multi-
family residential buildings whether or not the use is open to the public, where customers
can directly purchase goods and materials.
Ordinance No. ___-2020 3
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Agenda Item #6.
Village contractor” means a contractor, vendor, concessionaire of the Village, or
operator of a Village facility or property.
(10) “Village facility” includes, but is not limited to any building, structure, park, beach,
road, street, right of way, or other facility owned, operated or managed by the
Village.
(11) “Village property” includes, but is not limited to, any land, water or air rights on,
operated or managed by the Village.
(12) “Special event permitee” means any person or entity, and their subcontractor(s), issued a
special event permit by the Village for a special event on Village property or in a
Village facility.
Sec. 30-232. Distribution of Plastic Straws Prohibited
Single-use plastic straws or stirrers shall not be used, sold, distributed in any commercial
establishment located within the corporate limits of the Village of Tequesta, at any Village
facility or Village property or by any special event permitee.
Village contractors and special event permitees shall not sell, use, provide beverages
with, or offer the use of single-use plastic beverage straws or single-use plastic stirrers in Village
facilities or on Village property. Any Village contract, lease or concession agreement entered
into before the signing of this ordinance and any special event permit issued before the signing of
this ordinance shall not be subject to the requirements of this section, unless the Village
contractor or special event permitee voluntarily agrees thereto. This section shall not apply to
contract extensions where the contractor has the option. If the Village has the option of
extension, the Village Manager may consider whether the contractor is willing to comply with
the section in determining whether to extend the contract.
Exemptions
This prohibition shall not apply to:
1.Prepackaged beverages with plastic straws sold or distributed within the Village provided
that such beverages are prepared and packaged outside the Village and are not altered,
packaged or repackaged within the Village.
2.Medical or dental facilities.
3.Land or facilities owned and managed by the Palm Beach County School Board, Palm
Beach County, the State of Florida or the Federal Government.
Ordinance No. ___-2020 4
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Agenda Item #6.
4.The use of a straw by any disabled person that requires or relies on the use of a straw to
consume beverages and/or food supplements.
5.Use during a locally declared emergency.
Sec. 30-233. Enforcement, Penalties, Injunctive Relief
The Village may enforce this article by civil citation in accordance with Chapter 54-1. In
addition, persons who are not in conformity with these requirements shall be subject to
appropriate civil action in the court of appropriate jurisdiction for injunctive relief.
Section 3. Chapter 54-7 of the Village of Tequesta Code of Ordinances is hereby created
as set forth below.
“Sec.54-7. Distribution of Plastic Straws Prohibited
Pursuant to Sec. 30-232 distribution of plastic straws is prohibited and shall not be
used, sold, distributed in any commercial establishment located within the corporate
limits of the Village of Tequesta, at any Village facility or Village property or by any
special event permittee. Village contractors and special event permitees shall not sell,
use, provide beverages with, or offer the use of single-use plastic beverage straws or
single-use plastic stirrers in Village facilities or on Village property.”
Section 4. Severability.
Should any section or provision of this Ordinance or any portion thereof, any paragraph,
sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decisions shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 5. Repeal of Ordinances in Conflict.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby replaced.
Section 6. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of
the Village of Tequesta.
Section 7. Effective Date.
Ordinance No. ___-2020 5
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Agenda Item #6.
This Ordinance shall become effective immediately upon adoption; however, to allow
time for restaurants and beverage establishments to expand their current stock of plastic
straws and transition to natural, marine degradable alternatives, the Village shall not
commence enforcement of this Ordinance until 8:00 AM Monday, June 1, 2020.
Upon adoption of this Ordinance, the Village shall engage in public education efforts
deemed appropriate by the Village to inform commercial establishments and the general
public of the provisions of this new article and to provide assistance in identifying
alternatives to plastic straws.
PASSED AND ADOPTED in a regular, adjourned session of the Village Council of the
Village of Tequesta on first reading this ___ day of January, 2020, and for second and
final reading on this ___ day of February, 2020.
Village Signatories, Attestment and Village Seal to appear here.
Ordinance No. ___-2020 6
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