Attachment 1
1 ORDINANCE NO.________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING CHAPTER 2 (SOLID WASTE, WEEDS
AND LITTER) OF TITLE 4 (HEALTH AND SANITATION) OF THE
BURBANK MUNICIPAL CODE TO ADD ARTICLE 4 (PLASTIC
WASTE REDUCTION).
City Attorney’s Synopsis
This Ordinance updates Title 4, Chapter 2, of the Burbank Municipal Code (“BMC”) by adding Article 4 to the BMC . This Article 4 establishes: citywide limitations on single -use plastics, including single-use utensils, straws, and packaging, consistent with recent state law legislation intended to reduce solid waste and single- use items ; citywide limitations on polystyrene related products ; waste receptable requirements; and administrative and enforcement procedures.
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. The California State Legislature has recognized that littered plastic products have caused and continue to cause significant environmental harm and have burdened local governments with significant environmental cleanup costs . ( Public Resources Code §42355).
B. The State of California has recently adopted legislation intended to decrease the burden presented by plastic products. For example, Asse mbly Bill (AB) 18 84 was enacted in 2018 and prohibit ed restaurants from providing single-use plastic straws unless requested by the consumer . AB 1276 was enacted in 2021 (superseding AB 1884) and prohibits food facilities from providing any single- use foodware accessory or standard condiments to a consumer unless requested by the consumer.
C. State law further provides that the statutes do not “ prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third- party foo d delivery platform from providing single-use foodware accessories or standard condiments to a consumer.” (See Public Resources Code § 42271(f).)
D. In addition, more and more jurisdictions have recognized how polystyrene is a common environmental pollutant and a non-biodegradable, non- compostable, and non- recyclable substance that negatively impacts the environment. As a result, cities such as Berkeley, Los Angeles, and Pasadena have adopted some form of polystyrene restriction.
E. The City desires to amend Title 4, Chapter 2, of the BMC to add a new Article 4 to implement plastic waste reduction involving single-use plastics and polystyrene that is consistent with recent state legislation and protect the environment and the health, safety, and welfare of the public, as permitted by City Charter Section 500 and Burbank Municipal Code Section 2-1-219.
Attachment 1
2 THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Environmental Review . The City Council exercises its independent judgment and finds that this ordinance is not subject to California Environmental Quality Act (CEQA) pursuant the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections: 15060(c)(2), because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; 15061(b)(3), because the proposed ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and 15308, because the proposed ordinance involves regulatory actions to assure protection of the environment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.
Section 2. A ddition of BMC Title 4, Chapter 2, Article 4. BMC Title 4, Chapter 2, is amended to add Article 4, as set forth in the attached Exhibit A. The City Manager or their designee is authorized to execute any action necessary to codify this addition into the BMC.
Section 3. Severability. If any provision of this ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity will not affect other provisions, sections, or applications of the ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 4. Effective Date. This ordinance is effective at 12:01 a.m. on the 31st day after the date of adoption.
Section 5. Publication. The City Clerk will certify to the passage of this ordinance and cause the City Attorney Synopsis of this ordinance to be published once in a newspaper of general circulation within 14 days of adoption, that is published and circulated in the City of Burbank, California.
PASSED AND ADOPTED this ____ day of ________, 2023.
______________________________
Konstantine Anthony
Mayor
Approved as to Form:
Attest: Office of the City Attorney
________________________ By: ___________________________ Kimberley Clark, City Clerk Kane Thuyen
Senior Assistant City Attorney
Attachment 1
3 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. __________ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of ______, 2023, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following its adoption on ______, 2023.
_________________________
Kimberley Clark, City Clerk
Attachment 1
4 Exhibit A
ARTICLE 4. PLASTIC WASTE REDUCTION REGULATIONS
4-2-401 : PURPOSE:
The City of Burbank has long been an environmental leader in addressing pollution issues.
Plastic pollution, including single-use plastics and polystyrene, have raised environmental and health concerns related to pollution and the welfare of all life on earth. The provisions in this article serve to reduce single- use waste; reduce greenhouse gas emissions; reduce the distribution of disposable single-use plastic; reduce polystyrene use and litter in the City; keep plastic waste from landfills; reduce plastic contamination of organics; reduce plastic litter threats to natural and domestic ecosystems; comply with state law; and to better protect the health of the City of Burbank community and promote environmentally sustainable practices in the City.
4-2-402 : DEFINITIONS:
The following words or phrases are defined as follows:
ASEPTIC PAPER PACKAGING: means shelf-safe packaging that typically contains layers of paper, plastic, and aluminum.
BEVERAGE or BEVERAGES: includes any product in liquid, slurry, frozen, semifrozen, or other ready-to-drink forms intended for human consumption.
CITY: means the City of Burbank.
CITY EVENT: means any event, activity, concession, or meeting, that is managed, organized or sponsored, in whole or in part, by the City or any department of the City.
CITY FACILITY: means any building, structure, property, park, open space, or vehicle, owned or leased by the City, its agents, agencies, or departments.
CITY MANAGER: means the Burbank City Manager or their designee.
COMPOSTABLE: means foodware and foodware accessories that are accepted by the City of Burbank municipal compost collection program and are free of all intentionally added Fluorinated Chemicals, as certified by the Biodegradable Product Institute (BPI) or other independent third-party certifying organization or agency recognized by the City and are Natural Fiber-based.
CONDIMENT: means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.
CONSUMER: means any person obtaining beverage, food, or any other goods from any vendor or food or beverage provider that is subject to this article. This includes any consumer as defined under Health & Safety Code section 113757.
Attachment 1
5 DINE-IN: includes the type of food or beverage service where food or beverage is consumed on the premises of the food or beverage provider.
DRINKWARE: means
glasses, cups, and other containers used for holding beverages.
EGG CARTON: means a carton for raw eggs sold to consumers from a refrigerator case or similar appliance.
FLUORINATED CHEMICAL: means a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom, also known as perfluoroalkyl and polyfluoroalkyl substances, or PFAS chemicals.
FOOD OR BEVERAGE PROVIDER: means any business, organization, entity, group or individual, including retail food establishments and food facilities, located in the City that offers food or beverage to the public; including all vendors as described in the California Retail Food Code section 113789. This includes but is not limited to a: food facility, restaurant, bar, grocery store, delicatessen, bakery, food service establishment (carry out, quick service, full-service), food truck, itinerant restaurants, pushcart, farmers market, caterer, microenterprise home kitchen operations, cottage food operations, selling Prepared Food to be consumed on and off the premises located or operating within the City.
FOOD FACILITY: has the same meaning as in Section 113789 of the Health and Safety Code, and includes any operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.
FOODWARE: means all containers, bowls, plates, food trays, cups, lids, boxes, bottles and other like items that are used for prepared foods, including without limitation, f oodware for takeout foods and/or leftovers from partially consumed meals prepared by food or beverage providers.
FOODWARE ACCESSORIES: means types of items usually provided alongside p repared food including but not limited to p lastic utensils, forks, spoons, knives, chopsticks, napkins, cup sleeves, food wrappers, beverage trays, condim ent containers, straws, stirrers, splash sticks, cocktail sticks, toothpicks, tray-liners, and plate-liners.
NATURAL FIBER: means a plant -based, non -synthetic fiber, including but not limited to paper, wood, bamboo, palm leaf, wheat straw, or sugarcane. Natural Fiber does not include plastic of any kind.
POLYSTYRENE: means a thermoplastic petrochemical material utilizing the styrene monomer, including, but not limited to, rigid polystyrene or expanded polystyrene, processed by any number of techniques, i ncluding, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, expanded polystyrene molding, or extrusion-blow molding (extruded polystyrene), and clear or solid polystyrene (oriented polystyrene). The resin code for polystyrene is '6' or 'PS,' either alone or in combination with other letters. This definition applies to all Polystyrene Foodware, regardless of whether it exhibits a resin code.
POLYSTYRENE COOLER: means any cooler or ice chest made of polystyrene foam Attachment 1
6 (expanded polystyrene), where such foam is not fully encased in another more durable material.
POLYSTYRENE FOODWARE: means foodware that contains or utilizes polystyrene.
POLYSTYRENE PACKING MATERIAL: means polystyrene material used to hold, cushion, or protect items packed in a container for shipping, transport, or storage, including shipping boxes and packing peanuts.
PREPARED FOOD: means any food or beverage that is: (1) ready to consume without any further food preparation, alteration, or repackaging; and (2) prepared, provided, sold, or served by a Food Provider or Beverage Provider using any cooking, packaging or food preparation technique. Prepared Food or Raw Food or Beverages includes ready-to-eat foods and may be consum ed either on or off the Food or Beverage Provider’s premises. For the purposes of this article , Prepared Food does not include raw, butchered meats, fish and/or poultry, which are sold from a butcher case or similar appliance.
RAW FOOD: means any meat, fish, poultry, vegetable, fruit, or egg.
READY-TO-EAT FOOD : has the same meaning as in Section 113881 of the Health and Safety Code, and includes any food that is in a form that is edible without additional preparation to achieve food safety.
RECYCLABLE: means material that can be sorted, cleansed, and reconstituted using Burbank's available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.
RECYCLING COORDINATOR: means that person working for the City of Burbank and holding the title of Recycling Coordinator , or any person with the same duties and responsibilities, as designated by the Public Works Director.
RESIN CODE: means a resin identification code placed on plastics to identify the material composition for separation of different types of plastics for recycling.
REUSABLE: Items that are manufactured of durable materials and specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, and are safe for washing and sanitizing according to applicable regulations.
SINGLE-USE: means items designed to be used once and then discarded, and not designed for repeated use and sanitizing. Items made entirely with natural fibers and compostable are not considered single-use under this article.
SINGLE-USE DRINKWARE: means drinkware designed for single- use to serve beverages such as water, hot and cold drinks, and alcoholic beverages, and disposable lids, spill plugs, and sleeves used to protect against spills. This definition excludes single-use plastic bottles.
SINGLE-USE FOODWARE : means foodware designed for single- use to serve Prepared Foods.
SINGLE-USE FOODWARE ACCESSORY: means all of the following single- use items Attachment 1
7 provided alongside prepared food: (1) Utensils, which is defined as forks, knives, spoons, and sporks; (2) chopsticks; (3) condiment cups and packets ; (4) straws; (5) stirrers; (6) splash sticks; (7) cocktail sticks; (8) plastic bags; and (9) all other non-reusable foodware accessories as determined by the Recycling Coordinator.
SINGLE-USE PLASTIC BOTTLE: means any formed or molded beverage container comprised predominantly of plastic resin, having a relatively inflexible fixed shape or form, having a neck that is smaller than the container body, and intended primarily as a single- service container.
TAKEOUT: includes the type of food or beverage service where such food or beverage is taken off the premises of the food or beverage provider for consumption by a consumer.
TAKEOUT FOOD DELIVERY SERVICE: means any delivery service intended to deliver food or beverages for consumption off the premises of the food or beverage provider. This includes a third-party food delivery platform, as defined in Health and Safety Code section 113930.5.
VENDOR: means a ny store, shop, restaurant, sales outlet, f ood or beverage provider, pushcart, retail establishment, wholesaler, or other commercial establishment located within or doing business within the City, which provides perishable or nonperishable goods.
4-2-403 : SINGLE-USE FOODWARE ACCESSORIES AND CONDIMENTS
A. No food or beverage provider providing dine- in, takeout service, or takeout food delivery service, may provide single- use foodware accessories to a consumer or takeout food delivery service, except upon request by the consumer or as required to eat prepared or ready-to-eat food, in compliance with Public Resources Code section 42271. This restriction specifically includes single- use foodware accessories such as plastic straws, plastic bags and condiment packages or containers. However, disposable paper food wrappers, sleeves and bags, foil wrappers, paper napkins, straws, paper trays, and plate- liners may be provided if such items meet the disposable foodware standards as set forth in Section 4-2-410.D.
B. Notwithstanding any other provision, on or after January 1, 2024, no food or beverage provider providing dine-in, takeout service, or takeout food delivery service, may provide single-use foodware accessories to any consumer. Foodware accessories made enti rely with natural fibers and compostable are not considered single- use under this article and are exempt.
C. No food or beverage provider providing dine- in, takeout service, or takeout food delivery service, may bundle single-use foodware accessories or condiments, in compliance with Public Resources Code section 42271.
4-2-404 : SINGLE-USE FOODWARE
A. On or after July 1, 2024, no food or beverage provider may provide single- use foodware as part of takeout service to any consumer or takeout food delivery service.
B. On or after July 1, 2024, no food or beverage provider may provide single- use foodware as part of dine-in service to any consumer. Food or beverage providers who do not have on-site or off-site dishwashing capacity or are unable to contract for services to wash, rinse and sanitize reusable foodware in compliance with the California State Health Code, may be granted an extension or exemption pursuant to Section 4-2-410 and 4-2-411.
Attachment 1
8 4-2-405 SINGLE-USE DRINKWARE MANDATORY CHARGE
A. On or after July 1, 2024, any f ood or beverage provider who chooses to provide single- use drinkware to a consumer must charge that consumer a separate single-use drinkware charge of at least $.25, which may be retained by the food or beverage provider.
B. Food or beverage providers who choose to provide single- use drinkware to a consumer must identify the separate single- use drinkware charge on any post -sale receipt and clearly identify such charge on media such as menus, ordering platforms, and/or menu boards. Food or beverage providers must disclose such charge to consumers who place orders by telephone or via online orders.
C. Exemptions. The following consumers may be exempt from the separate single- use drinkware charge set forth in this section:
(1) a consumer who uses a payment card or voucher issued by the California Special Supplemental Food Program for Women, Infants, and Children (WIC) pursuant to Article 2 (commencing with section 123275) of Chapter 1 of Part 2 of Division 106 of the California Health and Safety Code and as amended; or
(2) a consumer who uses an electronic benefit transfer card (EBT) issued pursuant to section 10072 of the California Welfare and Institutions Code.
4-2-406 : RESTRICTIONS ON POLYSTYRENE
A. On or after July 1, 2023, no food or beverage provider may provide any polystyrene foodware or drinkware at any location within the City.
B. On or after July 1, 2023, n o vendor may provide or sell any polystyrene foodware, drinkware, or cooler at any location within the City. This includes polystyrene meat and fish trays, produce trays, or egg cartons made, in whole or in part, from polystyrene.
C. On or after July 1, 2023, no vendor may sell, distribute, or use any p olystyrene packing material, including, but not limited to, f oam peanuts, packing peanuts, foam popcorn, or packing noodles, at any location within the City.
D. On or after July 1, 2023, no person may use any polystyrene foodware, p olystyrene drinkware, or polystyrene cooler at any City facility open to the public, after posting of signs giving notice of such prohibition.
4-2-407 : SEPARATE WASTE RECEPTACLE REQUIREMENT
A. All food or beverage providers who provide takeout services or self -serve services must provide separate waste receptacles for its consumers to use. Such receptables must allow for separate disposal for trash, recyclables, and organics. Such r eceptacles must b e identified or colored black or grey for trash, blue for recycling, and green for compost/organics.
B. All separate waste receptacles required by this section must be placed adjacent to one another and easily accessible to the public.
Attachment 1
9 C. Signage using words, graphics, and other identifiable symbols must be posted on or above each separate waste receptacle required by this section in accordance with established waste hauler’s guidelines of accepted materials.
4-2-408 : CITY USE, FACILITY, AND EVENT REQUIREMENTS
A. On or after July 1, 2023, no food or beverage provider may use or distribute single-use or polystyrene foodware or drinkware at any City facility that have been rented, leased or are otherwise being used with permission of the City , by agreement or otherwise. All agreements for any City facility must include a provision requiring contracting part ies to assume responsibility for preventing the utilization and/or distribution of single- use or polystyrene foodware or drinkware while using City facilities. The facility rental agreement will indicate that a violating contractor's security deposit will be forfeited if the City Manager or his designee determines that single-use or polystyrene foodware was used in violation of the rental agreement.
B. On or after July 1, 2023, no food or beverage provider may use or distribute single-use or polystyrene foodware or drinkware at City events or City meetings open to the public. This subsection applies to event organizers, agents of the organizers, city contractors, food providers, beverage providers, and any other person that enters into an agreement with one or more of the function sponsors to sell or distribute food or beverages, or otherwise provide a service related to the event.
C. On or after July 1, 2023, t he City, its departments, and its city contractors, agents, and employees acting in their official capacity, may n ot purchase single -use f oodware or drinkware, or distribute such for use to non-city affiliated third parties.
D. On or after July 1, 2023, t he City, its departments, and its city contractors, agents, and employees acting in their official cap acity, may n ot purchase polystyrene foodware or drinkware, or distribute such for use to non-city affiliated third parties.
E. On or after July 1, 2024, the City, its departments, and its city contractors, agents, and employees acting in their official capacity, should not use, sell, distribute, or provide single- use plastic bottles.
F. On or after July 1, 2024, the City, its departments, and its city contractors, agents, and employees acting in their official capacity, should not use, sell, distribute, or provide bottles using aseptic paper packaging.
4-2-409 : RECYCLING COORDINATOR POWERS
A. The Recycling Coordinator may interpret and determine the provisions of this article, and establish any rules or regulations to assist with its implementation.
B. The Recycling Coordinator may provide guidance as to which materials qualify as single- use, reusable, or polystyrene materials for the purposes of this article.
C. The Recycling Coordinator may issue guidance and conduct public outreach to educate the public and promote compliance with this article.
Attachment 1
10 D. The Recycling Coordinator may establish the procedure for issuing and approving exemptions as set forth in this article.
4-2-410 : EXEMPTIONS
In addition to any other exemption set forth in this code, the followi ng are exempt from this article:
A. Vendors, or food or beverage providers, who do not physically operate or transact any business within the City.
B. 501(c)(3)-registered nonprofit organizations who distribute food or beverage at no charge to indigent persons.
C. Foodware, foodware accessories, or drinkware composed entirely of aluminum are exempt from the provisions of this article.
D. Foodware, foodware accessories, or drinkware that meets minimum disposable standards (i.e., items that qualify for City co mpost collection programs and that are free of intentionally added fluorinated chemicals
as certified by the Biodegradable Product
Institute or other independent third party certifying organization or agency recognized by the City, or as otherwise determined by the City. The City may publish on its website a list of suppliers that offer items that meet these standards or are otherwise acceptable to the City.
E. Certain facilities, which include the following:
(1) Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code.
(2) Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code.
(3) Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.
F. Food or beverage providers who have applied for and obtained an extension or exemption in accordance with Section 4-2-411.
4-2-411 : APPLICATION FOR EXEMPTION:
A. The Recycling Coordinator may approve extensions of time for compliance or exempt any person from the requirements of this article upon an application for an exemption.
B. A request for an extension or claimed exemption must be filed in writing with the Recycling Coordinator and must include documentation of the reason for the requested extension or Attachment 1
11 exemption and any other information necessary for the City to make its decision. The City may require the applicant to provide additional information as necessary to make the required determinations.
C. The Recycling Coordinator may approve or conditionally approve the extension or exemption for a maximum of one year, upon finding that compliance would create an undue hardship. Undue hardship may include but not be limited to situations where:
(1) There are no reasonable alternatives for reasons that are unique to the applicant.
(2) Compliance with the requirements of this chapter would deprive a person of a legally protected right. The extension or exemption may be extended for additional terms of up to one year each, upon a showing of the continuation of the legal right.
(3) No comparable item exists with substantially similar size, performance and/or utility that meets the minimum disposable standards acceptable to the City or, if such an item exists, that costs of using such item would cause undue financial hardship.
D. The written decision on the extension or exemption is effective within 10 days of the decision. The written decision may be appealed by the person applying for the extension or exemption to the D irector of Public Works . Appeals must be filed in writing with the Director of Public Works within 10 days of the decision and must be accompanied by a fee set by resolution of the City Council. The Director of Public Works will provide written notice of their decision within 60 days of receiving the appeal. Such decision is final.
4-2-412 : ENFORCEMENT:
A. Violations of this article may be enforced according to the administrative citation and appeals process outlined in Section 1-1-108.1 of this code. The City may issue a warning letter to the business operator and provide them with 30 days to correct the violation before issuing an administrative citation, or may assess a lower fine if such fine is required under state law.
B. The remedies and penalties in this section are cumulative and not exclusive. This section does not limit the City’s ability to enforce violations through other provisions of this code or applicable law.
C. The City Manager may temporarily suspend the provisions of this article and i ts enforcement if needed to preserve the public peace, health, or safety, including scenarios involving an emergency or natural disaster.