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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