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HomeMy WebLinkAbout2024-12-09 25-023 Ordinance25-023 12/09/2024 CITY COUNCIL ACTION Council Meeting Date: 12/09/2024 Item No: 25-023 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 217, Polystyrene, Section 217-4 Exemptions, by Adding an Exemption for Delays and Unreasonable Difficulty Summary The State and the City prohibit food establishments from processing, preparing, selling or providing food or beverages in or on disposable food service containers composed in whole or in part of polystyrene foam, with certain exemptions. The current ordinance gives the City Manager discretion to decide when an exemption from the polystyrene ban may be granted. The City Council amended Chapter 217, Polystyrene, Section 217-4(A) Exemptions by extending the period during which the City Manager may determine an emergency exists in order to allow food containers that contain polystyrene. This exemption expired on January 1, 2023. However, unreasonable difficulties may still exist for local businesses to locate polystyrene -free food containers, in the event of supply chain issues or other emergencies. This ordinance amendment, if passed, would provide an objective test in determining whether an unreasonable difficulty exists in finding an alternative to polystyrene food containers and allow the City Manager to grant an exemption for a period of not more than one year after a finding of unreasonable difficulty. Committee Action Committee: Government Operations Action: Recommended for passage Staff Comments & Approvals City Manager Introduced for: First Reading Meeting Date: December 2, 2024 For: 5 City Solicitor Against: 0 .4� - S)2�Fi al eD;irector 25-023 12/09/2024 CITY COUNCIL ORDINANCE Date: 12/09/2024 Assigned to Councilor: Tremble ORDINANCE, Amending Chapter 217, Polystyrene, Section 217-4 Exemptions, by Adding an Exemption for Delays and Unreasonable Difficulty WHEREAS, the State of Maine amended 38 M.R.S. § 1572 to prohibit a food establishment 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, subject to certain exemptions; and WHEREAS, Section 217-3 of the City Code also prohibits food establishments from processing, preparing, selling or providing food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam, with certain exemptions; and WHEREAS, Section 217-5(A) of the City Code currently gives the City Manager or designee the primary responsibility for enforcement of this ban, as well as discretion in doing so; WHEREAS, it is desirable to limit the discretion involved in the enforcement of this ban; and WHEREAS, enforcement of the ban may present unreasonable difficulties for businesses that cannot find any reasonable alternative to polystyrene in the event of delays in the supply chain or other emergencies; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 217 of the Code of the City of Bangor is amended as follows: § 217-4. Exemptions. Notwithstanding § 266 3 217-3, a food establishment may: D. Seek an unreasonable difficulty exemption by submitting a written request for a waiver to the City Manager that explains why compliance with the ban would pose unreasonable difficulty. Unreasonable difficulty is defined as an unwarranted impediment in locating a substitute product. Unreasonable difficulty includes, but is not limited to, times when a business is unable to acquire a substitute product due to unusual delays in the supply chain or due to other impossibility. If the City Manager or their designees) determines that achieving compliance would present an unreasonable difficulty for the business, the City Manager shall grant a waiver from the polystyrene foam prohibition for a period of up to one year. A business which is aranted a waiver under this section may apply for an extension of the waiver if the unreasonable difficulty remains, and each extension granted shall be for no longer than one year. 25-023 12/09/2024 § 217-5. Violations and penalties; enforcement. A. The City Manager or their designee(s) shall have the primary responsibility for enforcement of this chapter. If the City manager or their designee(s) determine(s) that a violation of this chapter has occurred, they may shall issue a written warning giving notice to the food vendor that a violation has occurred. Subsequent violations of the chapter may be subject to the penalties set forth below. Additions are underlined, deletions strueak threugh. IN CITY COUNCIL DECEMBER 9, 2024 COrd 25-023 First Reading �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK IN CITY COUNCIL DECEMBER 23, 2024 COrd 25-023 Motion made and seconded for Passage Vote: 9 —0 Councilors Voting Yes: Beck, Deane, Fish, Fournier, Hawes, Leonard, Mallar, Tremble, Pelletier Councilors Voting No: None Passed ���.�` � M,�� �������w������ � �s� CITY CLERK