HomeMy WebLinkAbout2021-12-20 22-046 ORDINANCECITY COUNCIL ACTION
Council Meeting Date: December 20, 20 1
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Responsible Dept: City Manager
Action Requested: Ordinance Map/Lot: N/A
Title, Ordinance
Summa,iry
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a determination that an emergency exists allowing food establishments to temporarily use food service containers
containing polystyrene, as weil as to allow the City Manager discretion with respect to the enforcement of the polystyrene
ordinance provisions.
The COVID 19 pandernic has resulted in wide spread globail supply chain issues impacting the availability of various
goods, including non -polystyrene foam food service containers.
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that prohibits the use of food service containers that are composed in whole or in part of polystyrene foam, that are
exempt from the State's polystyrene prohibition. The City was informed by Northern Light Hospital System of the
unavailability of fiber food service trays. These trays are essential in the hospital system's care of certain patients who
for meddiagnosed reasons, metal trays are not a safe option. I
In addition, other food establishments such as schools, which are notexempt from the State's polystyrene prohibition, are
experiencing the same supply chain problems impacting the: availability of non -polystyrene foam service containers,
including the non-avaiilability of fiber fo,od service trays, These food establishments have sought or may seek a
determination from; the appropriate State Department to be temporarily exempt from the state statutory prohibon,
These other food establishments, even if granted temporary exemption from the state statutory prohibition, nevertheless
would remain subject to the City's prohibition on polystyrene foam food service containers under the City's c�urre,nt
ordinance,
-i-ffe-Trefore, tnis emergency amenament is Deing presente or consicieration f 11 t
which the City Manager may make a determination of the existence of an emergency that woul•allow food
establishments to temporarily use food col ontain ®s and also to provide an element of discretion
with the City Manager with respect to the enforcement of ihe polystyrene Ordinance.
Committee Action
For: Against:
Sta* Comments & Approvals
Due to the current emergent situation, staff recommends waiver of the requirement of two readings, and enactment of this
Ordinance amendment by two-thirds Council vote under the emerge cy ordinance provision of the City Charter, which will
allow his Qrdinan change to take effect imme6ately,
City Manager C or Finance Director
Introduced for: first Reading and Referral
Item No Date
CITY COUNCIL ORDINANCE
Date: December 20, 2021
Assigned to Councilor: Hawes
ORDINANCE, Amending Chapter 266, Polystyrene, Section 266-4 A Exemptions, by Extending the Period
During Which the City Manager May Determine an Emergency Exists in Order to Allow for the Use of Food
Service Containers Containing Polystyrene, and Also Amending Section 266-5 A Violations and Penalties;
Enforcement, to Allow the City Manager Discretion in Enforcement of this Chapter
WHEREAS, the State of Maine amended 38 M.R.S. Chapter 15-A to prohibit a food establishment, subject to
certain exemptions, from processing, preparing, selling or providing food or beverages in or on a disposal food
service container that is composed in whole or in part of polystyrene foam; and
WHEREAS, the State of Maine 38 M.R.S. Chapter 15-A specifically exempts licensed hospitals or certain so-
called meals -on -wheels establishments; and
WHEREAS, the State of Maine 38 M.R.S. Chapter 15-A allows for an exemption for any food establishment in
an emergency for the immediate preservation of the public health or safety, as determined by the department;
and
WHEREAS, the City of Bangor adopted Chapter 266 Polystyrene which does not contain exemptions for any
food establishment; and
WHEREAS, Section 266-5 A of the City's Code of Ordinance which designates enforcement of this Ordinance
with the City Manager or his/her designee, and which currently requires enforcement and penalties in all
circumstances without regard to an emergent situation; and
WHEREAS, at the time of enactment, one of the Findings and Purposes identified in Chapter 266, Section
266-1, states that alternatives (to polystyrene) are readily available; and
WHEREAS, due to the continued impact of the COVID 19 pandemic, there are wide spread supply chain
issues impacting the availability of various goods, including non -polystyrene foam food service containers; and
WHEREAS, certain organizations exempted from the state statute are experiencing non -polystyrene foam
food service containers supply chain problems; and
WHEREAS, other food establishments, not exempt from the state statute, are experiencing similar supply
chain problems effecting their ability to fulfill their mission; and
WHEREAS, in order to provide for exemption from the requirements of the City's Chapter 266 Polystyrene for
those entities that are not required to seek a determination from the State of Maine as it relates to the use of
polystyrene food containers; and
Item No Date
WHEREAS, other food establishments which have sought or may seek a determination from the appropriate
State Department to be temporarily exempt from the state statutory prohibition due to this supply chain
situation and the lack of available alternatives would nevertheless remain subject to the imposition of
violations and penalties under the current enforcement provisions of the City's Ordinance; and
WHEREAS, if this Ordinance amendment is not immediately effective, there is eminent danger to those
patients who, for medically diagnosed reasons, metal trays are not a safe option, as well as to certain meals-
on- wheel operations which may not be able to fulfill their mission of providing food to qualified individuals,
and to other food establishments to provide necessary services; and
WHEREAS, the applicability of the City's Ordinance to a broader category of food establishments than the
state statute's applicability, and the current lack of any enforcement discretion in the City Ordinance's
enforcement provision presents an immediate threat to the public peace, health or safety of certain Bangor
organizations;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 266 of the Code of the City of Bangor is amended, effective immediately, as follows:
§ 266-4 Exemptions.
Notwithstanding Sec. 266-3, a food establishment may:
A In an emergency for the immediate preservation of public health or safety, as determined by the City
Manager until January 1, 202-�3, process, prepare, sell, or provide food or beverages in or on a
disposable food service container that is composed in whole or in part of polystyrene foam. As of
January 1, 202-�3, the determination shall be made by the applicable department of the State of Maine;
§ 266-5 Violations and penalties, enforcement.
A The City Manager or his/her designee(s) shall have the primary responsibility for enforcement of this
chapter. If the City Manager or his/her designee(s) determine(s) that a violation of this chapter has
occurred, he/she sue+ may issue a written warning giving notice to the food vendor that a violation has
occurred. Subsequent violations of the chapters may be subject to the penalties set forth below.
Additions are underlined, deletions stFueak thFeugh.
IN CITY COUNCIL
DECEMBER 20, 2021
COrd 22-046
Motion made and seconded to waive reading on two separate days.
Vote: 7 — 0
Councilors Voting Yes: Davitt, Hawes, Okafor, Sprague, Tremble, Yacoubagha, Fournier
Councilors Voting No: None
Passed to Waive Two Readings
Motion made and seconded for Passage
Vote: 7 — 0
Councilors Voting Yes: Davitt, Hawes, Okafor, Sprague, Tremble, Yacoubagha, Fournier
Councilors Voting No: None
Passed
CITY CLERK