HomeMy WebLinkAbout371 - OrdinancesORDINANCE NO. 371
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAN CliO
CUCAMONGA, CALIFORNIA, AMENDING TITLE 8 OF THE RANCliO
CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.22
ENTI~.RD "PROHIBITION OF CHLOROFLUOROCARBON PROCESSED
PAC~A~ ING"
A. Recitals.
THE CITY COUNCIL OF THE CITY 0F RANCliO CUCAMONGA FINDS AS FOLLOWS:
(i) Problems in disposins of solid waste and a lack of solid waste
landfills affect all persons and all local, county and state Sovernments. One
siSnificant source of solid waste is discarded polystyrene foam packaSins.
Manufacture of such packaSins creates an additional, siSnificant environmental
problem in that chlorofluorocarbons are utilized in their production.
(ii) Available scientific evidence indicates a strons probability
that the family of substances known as chlorofluorocarbons deSfade the earthts
protective layer of ozone, when discharSed into the atmosphere, allowins
increased amounts of ultra-violet radiation to penetrate the atmosphere. This
increase in ultra-violet radiation poses an 4mmediate danSet to human health,
life and the environment. Available scientific evidence indicates the strons
possibility that the resultins increase in ultra-violet radiation has
contributed to, and will continue to contribute to, the incidence of skin
cancer and other serious illnesses.
(iii) One siSnificant source of chlorofluorocarbons currently beins
released into the atmosphere is the manufacture of certain polystyrene foam
packaSins products which utilize chlorofluorocarbons as blowins aSents.
(iv) The people and the City of Rancho CucamonSa support state,
federal and international policies banninE all nonessential uses of
chlorofluorocarbons. Until such policies become law, responsible action to
reduce the release of chlorofluorocarbons into the atmosphere, and to increase
public awareness with respect to the potential ham caused by these substances,
must be undertaken at the local level.
(v) It is the intent of the City Council to reduce the amount of
chlorofluorocarbon processed packaSins products manufactured, purchased and
used by and within the City of Rancho CucamonSa, in order to reduce, to the
Sreatest extent possible, the health hazards created by the release of
chlorofluorocarbons into the atmosphere.
Ordinance No. 371
Page 2
(vi) The City of Rancho Cucamonga supports and encourages voluntary
waste reduction through the adoption of voluntary programs by businesses
utilizing styrofoam packaging as a means to achieve a fifty percent (50%)
reduction in the use of non-biodegradable and non-recyclable packaging.
B. Ordinance.
THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA DOES HEREBY ORDAIN AS
FOLL 0Q S:
SECTION 1: Title 8 of the Rancho Cucamonga Municipal Code is hereby
amended by the addition of a new Chapter 8.22 to read, in words and figures. as
follows:
"Chapter 8.22
"Prohibition of Cnlorofluorocarbon Processed Packaging
"Sections:
8.22.010
8.22.020
8.22.030
8.22.040
Definitions.
CFC - procsssed packaging prohibited.
Penalties.
Civil remedies available.
"8.22.010 Definitions.
"A. ~CFC - processed p&ckaging* means all foam or ~styrofoam~
packaging which utilizes any chlorofluorocarbon as a blowing agent. or
otherwise, in its manufacture.
"B. 'ChlorofluorocarbonsI, or *CFCs~, are the family of chemical
substances commonly referred to as such, and containing carbon, fluorine and
chlorine, and having no hydrogen atoms and no double bonds.
"'C. ~Packagert means any store, shop, sales outlet, manufacturer or
other business located within the City of Rancho Cucamonga which packages,
boxes, containerizes, or otherwise prepares any tangible goods or merchandise
for sale or distribution within the City of Rancho Cucamonga, using, in any
fashion, packaging, as defined herein, in connection with any portion of its
business.
"D. tPackaging* means any and all bags, sacks, wrapping, boxes,
containers, container filler material, bowls, plates, trays, cartons, cups,
straws, lids and any and all other materials utilized in the packaging of any
goods, merchandise, food or other tangible things.
"E. ~Packaging ManufacturerI means any business which manufactures
packaging as all or part of its business.
Ordinance No. 3 7 1
Page 3
"F. 'Packaging Supplier' means any business which sells or provides
packaging as all or part of its business.
"8.22.020 CFC - Processed Packaging Prohibited.
"A. Packagers.
"1. Except as provided in sub-section 9 hereof, no packager
shall utilize any CFC - processed packaging, nor shall any packager
purchase, obtain or keep any CFC - processed packaging for packaging
purposes.
"2. As to any packaging obtained after September 1. 1989. each
packager shall obtain from each of its packaging suppliers a written
statement signed by the supplier, or by an authorized agent of the
supplier, stating that the supplier will supply no CFC - processed
packaging to that packager, that the supplier will note on each
invoice for packaging supplied to that packager that the packaging
covered by the invoice is not CFC - processed, and it shall further
include the identity of the manufacturer of such packaging.
"3. All contracts between packagers and packaging suppliers
thereto entered into after September 1, 1989, shall include provisions
that each supplier will supply no CFC - processed packaging, that the
supplier will truthfully state on each invoice for packaging supplied
that said packaging is not CFC - processed and that each such invoice
shall contain the identity of the manufacturer of such packaging. A
failure by any packaging supplier to comply with such provisions shall
constitute a material breach of the contract.
"4. Packagers shall retain each supplier's written statements
referred to above, for one year from the last date of receipt of any
packaging from that supplier.
"5. All packagers shall segregate, in their warehouses or other
storage areas, all foam and styrofoam packaging from all other forms
of packaging maintained on the premises. All foam and styrofoam
packaging to be used in connection with each packager's business and
maintained on packager's premises shall be labeled with language
clearly indicating that CFCs have not been utilized in its
manufacture.
"6. It shall be unlawful for any supplier to make any
misstatement of material fact to any packager or to any representative
of the City of Rancho Cucamonga regarding the use or non-use of CFCs
in the manufacture of any packaging supplied, or to be supplied, to
any packager in the City of Rancho Cucamonga.
Ordinance No. 371
Page 4
"7. Each packager shall file a statement at the time it first
obtains Or renews its business license, truthfully declaring that it
is in compliance with this Chapter.
"8. All statements and documents required by this Chapter to be
maintained by a packager shall be made available for inspection by the
City Manager or his or her designated representative. It shall be
unlawful for anyone having custody of such documents to fail or refuse
to produce such documents upon request by the City Manager or his or
her designated representative during normal business hours.
"9. The City Manager or his or her authorized representative may
exempt a type of packaging from the requirements of this Chapter upon
a showing satisfactory to the City Manager or his or her designee that
the packaging has no acceptable non-eFt-processed equivalent and that
imposing the requirements hereof would cause undue hardship. Said
documentation shall include, but is not limited to, a list of
suppliers contacted to determine if non-CFC-processed substitutes are
available.
"10. Packagers who have previously entered into a contract for
the provision of CFC - processed packaging which is to be shipped
prior to September 1, 1989, are exempt from the provisions of this
Sub-section A, with respect to such packaging.
"B. Packaging Suppliers.
"1. It shall be unlawful for any packaging supplier in the City
of Rancho Cucamonga to store, sell or provide CFC - processed
packaging within the City of Rancho Cucamonga.
"2. All foam and styrofoam packaging stored or maintained by any
packaging supplier within the City of Rancho Cucamonga shall be
labeled with language clearly indicating that CFCs have not been
utilized in its manufacture.
"3. The provisions of this Sub-section B shall not apply to
packaging required to be shipped under an existing contract prior to
September 1, 1989.
"C. Packaging Manufacturers.
"1. It shall be unlawful for any packaging manufacturer to
manufacture or otherwise produce, within the City of Rancho Cucamonga,
any CFC - processed packaging.
"2. All foam and styrofoam packaging stored or maintained by any
packaging manufacturer within the City of Rancho Cucamonga shall be
labeled with language clearly indicating that CFCs have not been
utilized in its manufacture.
Ordinance No. 371
Page 5
"3. The provisions of this Sub-section C shall not apply to
packaging manufactured, or to be manufactured, prior to September 1,
1989.
"D. The City of Rancho Cucamonga shall not purchase any CFC -
processed packaging, nor shall CFC - processed packaging be knowingly
utilized at any City-sponsored event occurring within the City of
Rancho Cucamonga, on and after January 1, 1989.
"E. The City Manager is authorized to promulgate regulations and to
take any and all other actions reasonable and necessary to enforce
this Chapter, including, but not l~m~ted to, inspection of any
business premises of any packager, packaging supplier and/or packaging
manufacturer, during normal business hours, to verify compliance.
"F. Voluntary and Mandatory Compliance.
"It is the intent of the City Council of the City of Rancho
Cucemonga to achieve a fifty percent (50%) reduction in the use of CFC
- processed packaging by March 1, 1989, and a ninety percent (90%) or
greater reduction thereafter. In order to achieve this reduction,
compliance with the provisions of this Chapter shall be on a voluntary
basis until September 1, 1989. On and after September 1, 1989, the
provisions of this Chapter shall become mandatory without further
notice.
"8.22.030 Penalties.
On and after September 1, 1989, it shall be unlawful for any
person, firm, partnership or corporation to violate any provision or
to fail to comply with any of the requirements of this Chapter. Any
person, firm, partnership, or corporation violating any provision of
this Chapter or failing to comply with any of its requirements shall
be deemed guilty of an infraction and upon conviction thereof shall be
punishable as follows:
"A. A fine not exceeding Qne Hundred Dollars ($100.00) for a
first violation;
"B. A fine not exceeding Two Hundred Dollars ($200.00) for a
second violation occuring within one (1) year;
"C. A fine not exceeding Five Hundred Dollars ($500.00) for each
additional violation occuring within one (1) year.
"Each such person, firm, partnership, or corporation shall be
deemed guilty of a separate offense for each and every day or any
portion thereof during which any violation of any of the provisions of
this Chapter is committed, continued or permitted by such person,
firm. partnership, or corporation, and shall be deemed punishable
therefore as provided in this Chapter.
Ordinance No. 3 7 1
Page 6
"The provisions of this Chapter shall not be construed as
permitting conduct not prescribed herein and shall not affect the
enforceability of any other applicable provision of law.
"8.22.040 Civil Remedies Available.
"A violation of any of the provisions of this Chapter shall
constitute a nuisance and may be abated by the City through civil
process, by means of restraining order. preliminary or permanent
injunction, or in any other manner provided by law for the abatement
of such nuisance."
SECTION 2: The City Council declares that, should any provision,
section, paragraph, sentence or word of this Ordinance be rendered or declared
invalid by any final court action in a court of competent jurisdiction, or by
reason of any preemptire legislation, the remaining provisions, sections.
paragraphs, sentences, and words of this Ordinance shall remain in full force
and effect.
SECTION 3: The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen (15) days after its passage
at least once in The Daily Report, a newspaper of general circulation published
in the City of Ontario, California, and circulated in the City of Rancho
Cucamonga, California.
ATTEST:
PASSE, APPROVED. and ADOPTED this 7th day of December, 1988.
Brown, Buquet, Stout, Wright
AYES:
NOES: None
AB SENT: None
AB STAINED: A1 exande r
Dennis L. Stout, Mayor
Ordinance No. 371
Page 7
I, BEVERLY A. AUTHELET, CITY GLEE of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the Council of the City of Rancho Cucamonga held on the 16th
day of November, 1988, and was finally passed at a regular meeting of the City
Council of the City of Rancho Cucemonga held on the 7th day of December, 1988.
Executed this 8th day of December, 1988 at Rancho Cucamonga,
California.
Authelet, City Clerk