HomeMy WebLinkAboutOrd. 20623COUNCIL ORDINANCE NO. 20623
COUNCIL BILL 5217
AN ORDINANCE CONCERNING RESTRICTIONS 01
THE USE OF POLYSTYRENE CONTAINERSAND
ADDING SECTIONS 6.874, 6.876, AND 6.878 TO
THE EUGENE CODE, 1971.
ADOPTED: November 25,2019
SIGNED: November26, 2019
PASSED: 8:0
RESECTED:
OPPOSED:
ABSENT:
EFFECTIVE: December27,2019
0
ORDINANCE NO. 20623
AN ORDINANCE CONCERNING RESTRICTIONS ON THE USE OF
POLYSTYRENE CONTAINERS AND ADDING SECTIONS 6.874, 6.876,
AND 6.878 TO THE EUGENE CODE, 1971.
I1:1=11115d11 WKS] 0XRc]4011=I1Z6] *MQ NIM101FAM76]I110IT111.
Section 1. Sections 6.874, 6.876, and 6.878 of the Eugene Code, 1971, are added
to provide as follows:
6.874 Polystyrene Container Use - Definitions. For purposes of sections 6.874
to 6.878 of this code, the following words and phrases mean:
City sponsored event. Any event organized or sponsored by the city or any
department of the city.
Polystyrene container. A container that is made, in whole or in part, of a
thermoplastic polymer, including, but not limited to, a solid polystyrene plastic
or a polystyrene plastic foam, made for the purpose of and ordinarily used
once for the purpose of serving, containing, preserving or consuming prepared
food before being discarded. Types of polystyrene containers include, but are
not limited to cups, bowls, plates, trays, and clamshell containers. Polystyrene
containers do not include:
(a) A cooler or other container that is made of a polystyrene foam, that is
intended for more than one use and that is enclosed by a solid plastic
shell;
(b) A tray or container used solely to store, ship or otherwise transport an
ingredient or food product that is not prepared food; or
(c) Polystyrene plastic material that is used solely for packing or protecting
items other than prepared food during storage, shipping or other
transportation.
Prepared food. Food or a beverage that a retail food and beverage
establishment prepares on their premises or that another person prepares and
provides to the retail food and beverage establishment for sale to the public
and that a person may consume immediately or without the need for additional
preparation. Prepared food does not include raw meat, fish, or eggs that have
not been prepared for immediate consumption.
Retail food and beverage establishment. Full service restaurants, limited
service restaurants, fast food restaurants, food carts, bars, coffee and tea
shops, grocery stores, convenience stores, hotels and motels, caterers, and
food service contractors.
Ordinance -- Page 1 of 2
Undue hardship. Circumstances or situations unique to the retail food and
beverage establishment, such that there are no reasonable alternatives to
polystyrene containers.
6.876 Polystyrene Container Use — Regulations. Except as exempted in section
6.878 of this code:
(a) Retail food and beverage establishments shall not use, provide, or make
polystyrene containers available to members of the public in the course
of selling, offering for sale, serving, or dispensing prepared food to
members of the public.
(b) No person shall sell, offer for sale, serve or dispense prepared food in a
polystyrene container at any city facility, city sponsored event, or city
permitted event.
(c) City departments may not purchase, acquire, or use polystyrene
containers for prepared food.
(d) Retail food and beverage establishments under contract with the city may
not use polystyrene containers for prepared food in city facilities and
while performing under a city contract.
6.878 Polystyrene Container Use - Exemptions. Notwithstanding section 6.876
this code, the city manager or designee may exempt a retail food and beverage
establishment from the requirements set forth in section 6.876 of this code for
a period of not more than one year upon the retail food and beverage
establishment showing, in writing, that this code would create an undue
hardship or practical difficulty not generally applicable to other persons in
similar circumstances. Requests for exemptions will not be accepted after
December 31, 2020. The decision to grant or deny an exemption shall be in
writing, and the city manager's or designee's decision shall be final.
Section 2. The City Recorder, at the request of, or with the consent of the City
Attorney, is authorized to administratively correct any reference errors contained herein,
or in other provisions of the Eugene Code, 1971, to the provisions added, amended or
repealed herein.
Passed by the City Council this
251h day of November, 2019
1 � City Recorder
Ordinance -- Page 2 of 2
Approved by the Mayor this
day of November, 2019
Mayor