Ordinance 24-2019 EnvironmentORDINANCE NO. 24-2019
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 42, ENVIRONMENT, TO INCLUDE A NEW
ARTICLE X, TITLED PROHIBITION OF POLYSTYRENE
CONTAINERS AND SINGLE USE CARRY OUT PLASTIC
BAGS; PROVIDING FOR DEFINITIONS; PROHIBITING THE
USE OF EXPANDED POLYSTYRENE CONTAINERS AND
SINGLE USE CARRY OUT PLASTIC BAGS WITHIN THE
CORPORATE LIMITS OF THE TOWN; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR PENALTIES AND
AMENDING SECTION 2-439 OF THE TOWN CODE
RELATING TO CITATION FINE SCHEDULE; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Palm Beach declares that it is in the best
interest of the public health, safety and welfare of its residents and visitors to reduce litter and
pollutants on the land and in the waters in and surrounding the Town; and
WHEREAS, expanded polystyrene is a petroleum based plastic most commonly
incorrectly referred to by the name of "Styrofoam" which is actually the proprietary trade name
of a polystyrene foam product; and
WHEREAS, expanded polystyrene containers and single -use carry out plastic bags
are detrimental to the environment because they do not fully degrade, they overburden
landfills, introduce unsafe chemicals into the environment, become litter and create hazards
for land and aquatic animals due to ingestion, and create impediments to waste reduction
and recycling goals, while creating unsightly litter; and
WHEREAS, use and distribution of expanded polystyrene containers and single -use
carry out plastic bags by retailers to consumers for use in carrying purchased goods has a
detrimental effect on the public health, safety and welfare of the Town, County and State; and
WHEREAS, expanded polystyrene and plastic bags constitute a portion of the litter in
the Town's streets, parks, public places and waterways; and
WHEREAS, the Town considers itself an environmental leader among local
governments in the State of Florida, the goal of the Town being to replace expanded
polystyrene and single -use carry out plastic bags with reusable, recyclable, or compostable
alternatives whenever possible; and
WHEREAS, this Ordinance provides for an implementation period to December 12,
2019 allowing for an extensive education campaign and for retail establishments to expend
their current stock of single -use carry out plastic bags and transition to reusable, recyclable,
or compostable alternatives; and
WHEREAS, the Town Council finds that this Ordinance is necessary for the
preservation of our environment and the public health, safety and welfare of Town residents
and visitors and future generations.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY FLORIDA AS FOLLOWS:
Section 1. Chapter 42 of the Town Code of Ordinances is hereby amended to
include a new Article X titled Expanded Polystyrene Containers and Single -Use Carry Out
Plastic Bags, to read as follows:
"Article X — Expanded Polystyrene and Single -Use Carry Out Plastic Bags;
Section 42-392 — Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Ordinance No. 24-2019 Page 2 of 7
Food service provider means a person or entity that provides food directly to the
consumer, regardless of whether such food is provided free of charge or sold, or whether
consumption occurs on or off premises, or whether the food is provided from a building,
pushcart, stand or vehicle. Food service providers include, but are not limited to, restaurants,
cafes, sidewalk cafes, delicatessens, coffee shops, grocery stores, markets, supermarkets,
drug stores, pharmacies, bakeries, caterers, gas stations, vending or food trucks or carts and
cafeterias.
Retail establishment means any person or entity engaged in the retail sale of goods.
Retail establishment includes any supermarket, grocery store, convenience store, shop,
service station, restaurant, farmers' market vendor, and any other sales outlet where a
customer can directly purchase goods, materials and products.
Expanded polystyrene containers means plates, bowls, cups, containers, lids, trays,
coolers, ice chests, food containers and all similar articles that consist of blown polystyrene
and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a
styrene monomer and processed by any number of techniques, including, but not limited to,
fusion of polymer spheres (expandable bead foam), injection molding, foam molding and
extrusion -blown molding (extruded foam polystyrene).
Single -use carry out plastic bag means a bag provided to a customer, typically at the
point of sale or distribution, for the purpose of transporting items, which is made
predominantly of plastic derived from petroleum or a biologically -based source.
Special event permittee means any entity or person, and their subcontractors, agents
or affiliates, who has been issued a special event permit by the Town for a special event on
Town property, in a Town facility of in the Town's right-of-way, for the promotion or sale of
their products and/or business.
Ordinance No. 24-2019 Page 3 of 7
Sec. 42-393. Prohibition on use of expanded polystyrene and single -use carry out plastic
bags.
(a) Food service providers and retail establishments shall not sell, use, offer for
sale or use, or provide food or beverage in expanded polystyrene containers. Food service
providers and retail establishments shall not sell, use, offer for sale or use, or provide to any
person a single -use carry out plastic bag.
(1) Exceptions: Although the discontinuation of the use of expanded polystyrene
containers and single -use carry out plastic bags is strongly encouraged, this article shall not
apply to:
a. Expanded polystyrene containers used for prepackaged food that have
been filled and sealed prior to receipt by the food service provider or retail
establishment;
b. Expanded polystyrene containers used to store raw meat or seafood
sold from a butcher case or similar refrigerated display or storage case;
C. Compostable bags that (i) conform to the current ASTM D6400; (ii) are
certified and labeled as meeting the ASTM D6400 standard specification by a
recognized verification entity; and (iii) are capable of undergoing biological
decomposition in a compost site such that the material breaks down into carbon
dioxide, water, inorganic compounds and biomass at a rate consistent with
known compostable materials;
d. Reusable bags, meaning bags with handles that are specifically
designed and manufactured for multiple reuse and made of durable material
specifically designed for and provided to consumers with the intention of
multiple, long-term use; or
Ordinance No. 24-2019 Page 4 of 7
e. Any bags without handles provided to a customer (i) to protect food or
merchandise from being damaged or contaminated by other food or
merchandise, when items are placed together in a reusable bag or recyclable
bag, including produce bags; (ii) to hold prescription medications dispensed
from a pharmacy or veterinary office; (iii) that is designed to be placed over
articles of clothing on a hanger, including dry cleaning bags.
(b) Special event permittees, or any vendor operating under that permittee, shall
not sell, use, provide food or drink in, or offer the use of, expanded polystyrene containers or
single -use carry out plastic bags in city facilities. Upon warning, the special event permittee
or any vendor operating under that permittee must stop use of the expanded polystyrene
containers or single -use carry out plastic bags, as applicable.
Sec. 42-394. — Enforcement; penalties; injunctive relief.
The Town may enforce this article by civil citation in accordance with Chapter 2, Article
V, Section 2-439. In addition, persons who are not in conformity with these requirements
shall be subject to appropriate civil action in the court of appropriate jurisdiction for injunctive
relief."
Section 2. Section 2-439 of the Town of Palm Beach Code of Ordinances is hereby
amended as set forth below. Except as amended herein, the remainder of 2-439 remains in
full force and effect.
Sec. 2-439. — Applicable codes and ordinances.
The following ordinances are enforceable by procedures described in this section.
Sec. 42-393 Expanded polystyrene containers and single -use carry out plastic bags II
Ordinance No. 24-2019 Page 5 of 7
Section 3. It is the intention of the Town Council that the provisions of Sections 1
and 2 of this Ordinance shall become and be made part of the Code of Ordinances of the
Town of Palm Beach, Palm Beach, Florida, and that sections and paragraphs of this
Ordinance may be renumbered or relettered in order to accomplish such intentions.
Section 4. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can be
given effect without the invalid provisions or applications, and to this end the provisions of
this Ordinance are hereby declared severable.
Section 5. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict
with this or any part of this Ordinance are hereby repealed.
Section 6. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances
of the Town of Palm Beach.
Section 7. Effective Date.
This ordinance shall become effective immediately upon adoption; however, to allow
time for food service providers and retail establishments to expend their current stock of
expanded polystyrene containers and single -use carry out plastic bags and transition to
reusable, recyclable, or compostable alternatives, the Town will not commence enforcement
of this Ordinance until 8:00 a.m. on December 12, 2019.
Ordinance No. 24-2019 Page 6 of 7
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the
Town of Palm Beach on first reading this 15th day of May, 2019, and for second and final
reading on this 11th day of June, 2019.
AlItL
Coni"Maor
41
Danielle H. Moore, Town Council President
Marg t A. Zeidj n, Council President Pro Tem
J
Lewis S.W. Crampton,
Bobl
AT ST:
Kathleen Dominguez, LTownaC-lerI
T'tl-
t `6 4
C
ie Lindsay, Town
Ordinance No. 24-2019 Page 7 of 7
r
n Council Member
ncil Member