Administrative
Report
N.5., File # 22-3965 Meeting Date: 4/19/2022
To: MAYOR AND CITY COUNCIL
From: JOE HOFFMAN, CHIEF OF POLICE
TITLE
RECEIVE AND FILE A REPORT ON PUBLIC EDUCATION AND ENFORCEMENT OF THE CITY’S
POLYSTYRENE AND SINGLE USE PLASTIC PRODUCTS ORDINANCE
EXECUTIVE SUMMARY
On January 14, 2020, the City Council adopted Ordinance 3201-20, addressing the use of Polystyrene and single use plastic products. The ordinance became eligible for enforcement on August 13, 2020, however implementation was purposely delayed for six months for polystyrene products and one year for the single-use plastic items, to allow time for public outreach and for users and vendors to transition into compliance. The compliance effort to date has largely consisted of distributing public information and copies of the ordinance to businesses and residents. Going forward, the Police Department and Public Works Department will pursue increased compliance through a joint education, investigation and enforcement campaign comprised of both Departments and contracted consultants. Violations of this Ordinance are considered an infraction.
BACKGROUND
The City of Redondo Beach enacted this Ordinance in order to address pollution issues created by balloons and plastic pollution. Balloons and plastic pollution, including single-use plastics and polystyrene, have raised environmental and health concerns related to water pollution, the welfare of marine life, and human health.
On September 17, 2019 the City Council directed staff to draft an ordinance prohibiting the use of polystyrene products by food vendors, including single-use disposable products and the release of certain types of balloons. On January 7, 2020, the City Council introduced Ordinance 3201-20, adding Title 5, Chapter 10 to the Redondo Beach Municipal Code. The ordinance was adopted on January 14, 2020. The ordinance mainly addressed polystyrene and single-use disposable products and addressed the release of helium-filled balloons. The portion of the ordinance dealing with the plastics ban became enforceable six months after the effective date of the ordinance, on August 13, 2020.
On January 19, 2021, the City Council directed staff to supplement Section 5-10.05 of the Redondo Beach Municipal Code to include regulations addressing foil, metalized, mylar and latex balloons filled with air, helium, and lighter than air gas. The Municipal Code language regarding balloons includes the following: “The adopted ordinance also prohibits any person from releasing any balloon (foil, “metalized”, Mylar, latex, etc.) filled with helium from anywhere within City limits.” Per the language and effective dates included in the ordinance, the ban on releasing any balloon filled with
N.5., File # 22-3965 Meeting Date: 4/19/2022
language and effective dates included in the ordinance, the ban on releasing any balloon filled with helium from anywhere within City limits became effective on February 13, 2021.
Section 5-10.05 Regulations on the sale, distribution, and use of balloons; Prohibition of the sale, distribution and use of "foil," "metalized," or "Mylar" balloons; prohibition on the release of latex balloons.
A. No Person, including, but not limited to, a balloon wholesaler, retailer (e.g., party supply, craft store), or third-party vendor shall sell or distribute foil, "metalized" or Mylar balloons within the City either as a separate item or included in a packaged product set.
B. No Person shall use or distribute foil, "metalized" or Mylar balloons on public property including parks and beaches.
C. No Person shall use or distribute latex balloons filled with helium or lighter than air gas at any City function or City sponsored event.
D. No Person shall release latex balloons filled with air, helium, or lighter than air gas anywhere within the City limits.
Use of these products by organizers at City sponsored events, by City managed concessions, and at City meetings open to the public is also prohibited. A “by request” policy for alternative products distributed by food and beverage service providers is also included in the Ordinance. The Ordinance allowed for an implementation delay of six months for the polystyrene products and of one year for the single-use plastic items (straws, utensils, stirrers, lid plugs), to allow users and vendors to transition into compliance.
The Public Works Department has led the compliance effort to date by creating and distributing public outreach information to businesses and residents. Restaurant compliance with the Ordinance has been implemented through the City’s existing restaurant inspection program. The City’s outside consultant, Charles Abbott, Inc., has been conducting outreach and inspections for applicable businesses since this Ordinance was adopted. The Public Works Department has overseen the consultant tasked with conducting the inspections and responding to numerous calls and inquiries from the public.
During the Covid-19 pandemic, enforcement actions were relaxed due to a significant amount of businesses shutting down, operating only for take-out, or barely being able to stay open. Going forward, the City will take a more proactive approach in the effort to gain compliance from businesses. Public Works Department is currently having the City’s consultant, Charles Abbott, Inc., provide Police Department Code Enforcement with a list of businesses that are in violation of the ordinance and have failed to comply after being advised of the violations. Code Enforcement will make site visits to businesses that are non-compliant and will coordinate with the business owners to obtain voluntary compliance or obtain compliance through further enforcement action by issuing citations.
The Business Licensing Department has recently mailed letters and copies of the City’s new ordinance to approximately 445 businesses, which included restaurants, grocery and convenience stores, bakeries, hotels, bars, gas stations, and other food/beverage and retail establishments. In addition, Charles Abbott, Inc. has provided businesses with a similar letter at the time of their semiannual inspections. Awareness Flyers are available at the Licensing Counter and are provided to new applicable businesses that apply for a business license along with copies of the municipal code
N.5., File # 22-3965 Meeting Date: 4/19/2022
new applicable businesses that apply for a business license along with copies of the municipal code and letter.
Code Enforcement has largely taken an educational approach to enforcement in order to gain compliance since adoption of the Ordinance. The unit is now transitioning to a more traditional enforcement approach and in partnership with Abbot has begun documenting businesses in violation of the Municipal Code and who have failed to appropriately respond to compliance requests.
Any person convicted of a violation of this Ordinance can be found guilty of an infraction.
COORDINATION
The Police Department coordinated with the Public Works Department and the Business Licensing Division of the Finance Department to prepare this report.
FISCAL IMPACT
Funding for the preparation of this report and ongoing enforcement of the polystyrene and single use plastics ordinance is available in the coordinating departments annual operating budgets.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
1. Business Letter
2. Flyer for Awareness - Plastics
3. Flyer for Awareness - Balloons
4. Title 5, Chapter 10 Redondo Beach Municipal Code