HomeMy WebLinkAbout2022-05-17; City Council; CS-423; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 6 OF THE CARLSBAD MUNICIPAL CODE TO ADD CHAPTER 6.22 – PLASTIC BOTTLED BEVERAGE REDUC...Exhibit 1
ORDINANCE NO. CS-423
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 6 OF THE CARLSBAD MUNICIPAL CODE TO
ADD CHAPTER 6.22 – PLASTIC BOTTLED BEVERAGE REDUCTION
WHEREAS, the City of Carlsbad, California (“city”) aims to be a leader in sustainability and take
action to: protect our natural resources, divert waste from landfills, reduce greenhouse gas emissions,
and increase city cleanliness and quality of life by reducing litter on city beaches and public areas; and
WHEREAS, the State of California has found and declared in California Public Resources Code
Section 42355 that, “Littered plastic products have caused and continue to cause significant
environmental harm and have burdened local governments with significant environmental cleanup
costs”; and
WHEREAS, the city adopted a Sustainable Materials Management Plan on Aug. 20, 2019,
through Resolution No. 2019-145, and a subsequent Sustainable Materials Management
Implementation Plan on Dec, 14, 2021, through Resolution No. 2021-291, to provide recommended
actions to support the city’s achievement of its sustainability goals; and
WHEREAS, a key initiative of the Sustainable Materials Management Implementation Plan is the
research, development and implementation of policies that reduce waste and support the city’s
sustainability goals, including reducing single-use plastics such as beverage bottles; and
WHEREAS, on Dec. 14, 2021, through Resolution No. 2021-291, the City Council approved the
policy “Road Map” for implementing the proposed Sustainable Materials Management
Implementation Plan policies, including drafting an ordinance to prohibit plastic beverage bottles at
city facilities and city-affiliated events.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
SECTION I: The above recitations are true and correct.
SECTION II: Title 6 of the Carlsbad Municipal Code is amended to add Chapter 6.22 – Plastic
Bottled Beverage Reduction, which reads as follows:
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Chapter 6.22
PLASTIC BOTTLED BEVERAGE REDUCTION
Sections: 6.22.010 Intent and Purpose. 6.22.020 Definitions. 6.22.030 City-affiliated events. 6.22.040 City facilities and funds. 6.22.050 Alternative containers. 6.22.060 Exemptions. 6.22.070 Enforcement. 6.22.080 Severability.
6.22.010 Intent and Purpose.
It is the intent and purpose of this chapter to reduce the use of single-use beverage bottles to:
1. Protect wildlife by reducing harmful litter and marine debris;
2. Conserve natural resources and reduce greenhouse gas emissions;
3. Encourage the use of reusable items and divert waste from landfills;
4. Improve the cleanliness of city public areas and beaches to increase quality of life for residents, businesses,
and visitors; and,
5. Align with the goals set forth in other city policies, including the current city council-adopted versions of the
city’s Sustainable Materials Management Implementation Plan and the city’s Climate Action Plan.
6.22.020 Definitions.
For purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to
them by this section, unless it is obvious from the context that another meaning is intended:
“City” or “City of Carlsbad” means the entity that governs the incorporated territory of the City of Carlsbad,
California.
“City-affiliated event” means any event or activity that is sponsored or co-sponsored by the city, is paid for, in part
or full, using city funds, occurs on city-owned property, or requires a special event permit pursuant to Chapter
8.17 of this code or other authorization from the city.
“City facility” means any building, structure, property, park, public space, or vehicle, owned, leased or operated
by the city, its agents, departments, or designees. For purposes of this chapter, “City facility” does not include
city-owned buildings, structures, property, parks, public spaces, or vehicles operated by an entity other than the
city pursuant to a lease or other contractual arrangement.
“City funds” means all monies or other assets received and managed by, or which are otherwise under the control
of the city, and any notes, bonds, securities, certificates of indebtedness or other fiscal obligations issued by the
city. For purposes of this chapter, “city funds” do not include funds received and managed by, or which are under
the control of, any business improvement district.
“Distribute” means to sell, offer for sale, give, or otherwise provide or offer to provide an item, either as a separate
transaction, as part of a transaction for another item, or as a complementary service.
“Enforcement agency” means the City of Carlsbad or its authorized agents charged with ensuring compliance with
this chapter.
“Enforcement official” means the city manager of the City of Carlsbad or designee.
“Person” means any person, firm, association, business, organization, partnership, business trust, joint venture,
corporation, company, or other public, private, or non-profit entity, and includes the City of Carlsbad and its officers
or agents.
“Plastic bottled beverage” means drinking water, sparkling water, enhanced water, soda, sport drinks, juice, or
other similar product in a rigid plastic bottle having a capacity of one liter or less and intended primarily as a single-
service container.
May 17, 2022 Item #4 Page 5 of 18
“Rigid plastic bottle” means any formed or molded 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.
6.22.030 City-affiliated events.
A. No person shall distribute plastic bottled beverages at city-affiliated events, regardless of whether the event
is private or public.
B. All special event permit applications required by Chapter 8.17 of this code, leases, facility permits, or other
such approval granted by city departments for city-affiliated events shall specifically require that the permittee
comply with the requirements of this chapter.
6.22.040 City facilities and funds.
A. No person shall distribute plastic bottled beverages at city facilities, including use of city facilities through a
rental, lease, or other agreement.
B. City funds utilized in any manner, including purchase orders, purchasing cards, grant money,
reimbursements, or other expenditures shall not be used to purchase plastic bottled beverages, except as
otherwise permitted under this chapter.
6.22.050 Alternative containers.
Containers used in lieu of rigid plastic bottles to serve beverages, such as cups for use at beverage refill stations,
shall comply with the single-use foodware requirements set forth in Chapter 6.20 of this code and any other
provisions of this code or other applicable law.
6.22.060 Exemptions.
A. The provisions of this chapter shall not apply in the following circumstances:
1. In cases of emergency or other situations where the city manager or designee finds that relying on
plastic bottled beverages is necessary to protect the public health, safety and welfare, and no
reasonable alternative will serve the same purpose. An example of such emergency includes lack of
available potable water due to a natural disaster.
2. Where specific hydration requirements exist for employees working outside and no reasonable
alternative to plastic bottled beverages will serve the same purpose.
B. The city manager or designee may adopt rules, regulations, or forms for regulated entities to obtain full or
partial waivers for up to six months from one or more requirements of this chapter. The subject of such
waivers may include feasibility-based exemptions. The city manager or designee may also adopt an
administrative fee for waiver applications, as well as a process for waiving administrative fees for certain
applicants.
6.22.070 Enforcement.
A. The enforcement agency and enforcement official may exercise any code enforcement powers and
procedures as provided in Title 1 of this code.
B. Violation of any provision of this chapter shall constitute an infraction, punishable pursuant to Chapter 1.08
of this code.
C. Violation of any provision of this chapter may constitute grounds for retention of all, or a portion of, any
deposit paid to the city relating to city-affiliated events or other approved use of city facilities where the
violation occurred, such as facility rental deposits.
D. A person that violates any provision of this chapter in connection with a special event on three or more
instances within a one-year period shall be prohibited from obtaining a special event permit under Chapter
8.17 of this code for a period of one year.
E. Each violation of this chapter shall constitute a separate violation.
F. Nothing in this chapter shall prevent the city’s enforcement official from obtaining compliance by way of
warning, administrative remedies contained in Chapter 1.10 of this code, educational means, or any other
civil or administrative remedies available under this code or other applicable law. Such remedies and
penalties shall be cumulative and not exclusive.
May 17, 2022 Item #4 Page 6 of 18
6.22.080 Severability. If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 10th
day of May, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 17th day of May, 2022, by the following vote, to wit:
AYES:
NAYS:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
&Lt ,· 4< � CELIA A. BREWER, City Attorney
�.,--FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
May 17, 2022 Item #4 Page 7 of 18
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