1 ORDINANCE NO. 2022-07
AN ORDINANCE OF THE CITY COUNCIL
AMENDING CHAPTER 8.28 OF THE VISALIA MUNICIPAL CODE
PERTAINING TO EDIBLE FOOD GENERATORS AND FOOD RECOVERY ORGANIZATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:
SECTION 1 – Preamble and Findings. Consistent with its control over municipal affairs and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry.
The City Council of the City of Visalia hereby makes the following findings
A. State Senate Bill (SB) 1383 requires that jurisdictions ensure that Tier 1 food generators, which include large (more than 10,000 square feet) grocery stores, food distributors, wholesale food vendors, and Tier 2 food generators, which include large (5,000 or more square feet) restaurants, large hotels, education agencies with on-site food facilities, have contracts with edible food recovery organizations.
B. The current City Garbage ordinance 8.28 needs updates to definitions in relation to State Senate Bill (SB) 1383 language.
SECTION 2 – Revisions to Municipal Code Chapter 8.28. Chapter 8.28 of the Visalia Municipal Code is hereby revised with the following section changes and additions described below, a copy of the amended sections of Chapter 8.28 is attached hereto, with added language in italics and deleted language in strikeout, and made a part hereof by reference:
8.28.020 Definitions (additional definitions added)
8.28.161 Requirements for Commercial Food Generators (new section added)
8.28.162 Requirements for Food Recovery Organizations (new section added)
SECTION 3 – Effective Date. This ordinance shall take effect thirty (30) days from the date of adoption.
SECTION 4 – Severance. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.
2 PASSED AND ADOPTED: September 19, 2022 STEVE NELSON, MAYOR
ATTEST: _____________________________
LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY
______________________________
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2022-07 passed and adopted by the Council of the City of Visalia at a regular meeting held on September 19, 2022 and certify a summary of this ordinance has been published in the Visalia Times Delta.
Dated: LESLIE CAVIGLIA, CITY CLERK
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By Michelle Nicholson, Chief Deputy City Clerk