HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 03_11/13/2019 Agenda Item #3.
Environmental Advisory Committee (EAC)
STAFF MEMO �
Meeting: Environmental Advisory Committee (EAC) - Nov 13 2019
Staff Contact: Thomas Bradford Department:
Banning Plastic Straws
Memo on Banning Use of Plastic Straws
TPB Ord Banning Plastic Straws
Page 24 of 46
Agenda Item #3.
memo
Village of Tequesta Environmental Advisory Committee
To: Environmental Advisory Committee Members
From:
Thomas G. Bradford, Chair
CC:
Date: November 5, 2019
Re: Banning the Use of Plastic Straws
Comments: 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.A copy of the Palm Beach ordinance banning plastic straws and stirrers
is attached.
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 Palm Beach ordinance provides for a period of time for
merchants to expend their existing inventory of single-use plastic straws and
stirrers. This is a smart way to proceed to avoid creating merchant expense.
If the EAC wishes for Tequesta to adopt such an ordinance, the EAC should
indicate such by formal action and I can prepare an ordinance for transmittal to
the Village Council.
Page 25 of 46
Agenda Item #3.
ORDINANCE No. 23-2019
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY , FLORIDA,AMENDING
THE TOWN CODE OF ORDINANCES AT CHAPTER 42,
ENVIRONMENT, To INCLUDE A NEW ARTICLE ICI, TITLED
PROHIBITION OF PLASTIC STRAWS WITHIN THE
CORPORATE LIMITS OF THE TOWN; PROVIDING FOR
DEFINITIONS; PROHIBITING THE SALE,DISTRIBUTION OR
USE OF SINGLE USE PLASTIC STRAWS AND STIRRERS;
PROVIDING FOR EXEMPTIONS; PROVIDING PENALTIES
FOR ANY SUCH DISTRIBUTION; AMENDING SECTION 2-439
OF THE TOWN CODE RELATING TO CITATION FINE
SCHEDULE, PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING
FOR CODIFICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,the Town council of the Town of Palm Beach (hereinafter referred
to as the "Town") is committed to environmental conscientiousness, 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 and in the waters of the Town, and
along its shores and beaches, and
WHEREAS, the Town is located on an island surrounded by the Atlantic
Ocean and Lake Worth Lagoon, all of which support a wide variety of flora and
fauna; and
WHEREAS, discarded Single-Use Plastic straws threaten wildlife and
marine life and degrade and litterthe beaches and waters off of Florida's coast, which
include areas within the Town; 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
Town's streets, parks, public places, and waterfront areas; and
WHEREAS, Single-Use Plastic Straws contribute to overburdened landfills,
Agenda Item #3.
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 Town; and
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 sea turtles; and
WHEREAS, the sale and distribution of Single-Use Plastic Straws has a
detrimental effect on the Town'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 Town Council finds that there are reasonable,
environmentally- friendly alternatives to Single-Use Plastic Straws; and
WHEREAS, this Ordinance provides for an implementation period to December
121 2019, allowing for an extensive education campaign and for commercial
establishments to expend their current stock of plastic straws; and
WHEREAS, the Town Council of the Town of Palm Beach 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 Town of Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PALM BEACH, 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 restated herein.
Ordinance No. 23-2019 Page 2 of 7
n n in 7 nf
Agenda Item #3.
Section 2. Chapter 42 of the Town Code of ordinances is hereby amended to
include a new Article X1, titled Prohibition of Plastic Straws, to read as follows:
"'Article XI - Prohibition of Plastic Straws;
Section 42-400 - 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:
(A)Definitions. For the purpose of this Chapter-
(1) "Person" means any person, business, corporation, public nonprofit
entity, agency of institution, partnership, or other organization or group,
however organized.
(2) "Natural products" means an item containing nothing artificial or synthetic
in its compounds while it remains a while item and throughout its
decomposition process.
(3) "Single-use" is defined as an item that is intended to be used one time in
its same form by the customer, food vendor, orentity.
(4) "Single Use Plastic Straw" means a tube made predominantly 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 it 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, sugar cane, bamboo, or
other similar materials. Plastic stirrers are considered straws for
purposes of this ordinance.
(5) "Single use plastic stirrer.71 means a device that is used to mix beverages,
intended for only one-time use, and made predominantly of plastic
derived from either petroleum or a biologically based polymer, including
Ordinance No. 23-2019 Page 3 of 7
Agenda Item #3.
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 fro non-plastic materials, such as
paper, sugar cane, bamboo, or other similar materials.
(6) "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 predominately made
with plastics, either petroleum or biologically based, shall not be
considered marine degradable.
(7) "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.
(8) "Commercial establishment" means an establishment used for
commercial purposes, such as restaurants, hotels, bars, night clubs,
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.
(9) "Town contractor" means a contractor, vendor, concessionaire of the
Town, or operator of a Town facility or property.
(10) "Town 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 Town.
(11) "Town Property" includes, but is not limited to, any land, water or air rights
owned, operated or managed by the Town.
(12) "Special event permitee" means any person or entity, and their
subcontractor(s), issued a special event permit by the Town for a special
event on Town property or in a Town facility.
Ordinance No. 23-2019 Page 4 of 7
Agenda Item #3.
Sec. 42-401. 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 Town of Palm
Beach, at any town facility or town property or by any special event permittee.
Town contractors and special event permiftees shall not sell, use, provide
beverages with, or offer the use of single-use plastic beverage straws or single-
use plastic stirrers in town facilities or on town property. Any town contract, lease
or concession agreement entered into before the signing of this ordinance and any
special event issues before the signing of this ordinance shall not be subject to the
requirements of this section, unless the town contractor or special event permittee
voluntarily agrees -thereto. This section shall not apply to contract extensions
where the contractor has the option. If the Town has the option of extension, the
Town Manager may consider whether the contractor is willing to comply with this
section in determining whether to extend the contract.
Exemptions
This prohibition shall not apply to:
1. Pre-packaged beverages with plastic straws sold or distributed within the Town
provided that such beverages are prepared and packaged outside the Town and
are not altered, packaged or repackaged within the Town.
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.
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. 42-402. Enforcement, Penalties, Injunctive Relief
The Town may enforce this article by civil citation in accordance with Chapter 2,
Article V, Section 2-439. 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."
Ordinance No. 23-2019 Page 5 of 7
Agenda Item #3.
Section 3. Section 2-439 of the Town of Palm Beach Code of Ordinances
is hereby amended as set forth below. Except as amended herein, the remainder
of 2-439 remains in full force and effect.
Sec. 2-439. - Applicable codes and ordinances.
The following ordinances are enforceable by procedures described in this
section.
Sec. 42-401 . Distribution of Plastic Straws Prohibited Il
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 decision 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 Town of Palm Beach.
Section 7. Effective Date.
This ordinance shall become effectively immediately upon adoption;
however, to allow time for restaurant and beverage establishments to expend
their current stock of plastic straws and transition to natural, marine degradable
alternatives, the Town will not commence enforcement of this Ordinance until 8-00
a.m. on December 12, 2019.
Ordinance No. 23-2019 Page 0 of 7
Agenda Item #3.
Upon adoption of this ordinance, the Town shall engage in public education efforts
deemed appropriate by the Town 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 Town Council
of the Town of Palm Beach on first reading this 1 1th day of June, 2019, and for
second and final reading on this 9th day of July, 2019.
GiKr. ConigTio" Mayor Danielle H.Moore,
Town Council President
Marga(rbt A. Zei n, Council President Pro Tern
J li Arask To oun 'I Member
Lewis S.W. Cram ton, Town Council Member
. [j nx•k -
0 tj t.
Bobbie Lindsay, Town Counc'H-Me-m er
ATTEST-
Kathleen Dominguez, Town Cler
e0l
Ordinance No. 23-2019 Page 7 of 7