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EXHIBIT 1
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ORDINANCE NO. 2015-
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AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF HALLANDALE BEACH, FLORIDA, AMENDING CHAPTER 13
HEALTH AND SANITATION BY RENAMING IT HEALTH, SANITATION
AND ENVIRONMENTAL PROTECTIONS; CREATING ARTICLE V,
ENVIRONMENTAL PROTECTIONS; CREATING SECTIONS 13-111
AND 13-112 TO ESTABLISH CERTAIN RESTRICTIONS ON THE USE
OF EXPANDED POLYSTYRENE (STYROFOAM) PRODUCTS;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE
DATE.
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WHEREAS, the City of Hallandale Beach (“City”) declares that it is in the interest of the
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public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on
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the land and in the waters of the City; and
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WHEREAS, the City is expending sufficient tax dollars for the improvement and
beautification of its parks and beaches; and
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WHEREAS, the City’s new beach parks will include food concessions for the sale and
consumption of food and beverages by visitors and patrons at the beach parks; and
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WHEREAS, expanded polystyrene, a petroleum by-product commonly known as
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Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of
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years to degrade in the environment; and
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WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller,
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non-biodegradable pieces that are ingested by marine life and other wildlife, thus harming or
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killing them; and
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WHEREAS, due to the physical properties of expanded polystyrene, the EPA states that
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such materials can also have serious impacts on human health, wildlife, the aquatic environment
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and the economy; and
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WHEREAS, disposable food service articles constitute a portion of the litter on the City’s
streets, beaches, public places and waterways; and
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WHEREAS, the City’s goal is to replace expanded polystyrene food service articles with
reusable, recyclable or compostable alternatives; and
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WHEREAS, the City encourages the use of unbleached, non-coated, recycled-content,
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paper food service articles and other fiber-based food service articles as the most environmentally
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preferable alternatives when the use of reusable food ware is not feasible; and
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WHEREAS, as an environmental conscious local government in Broward County, Florida,
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the City of Hallandale Beach by virtue of this Ordinance will prohibit the use of expanded
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polystyrene food services articles by its contractors and temporary use permit holders on City
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property and which therefore prohibits the use of expanded polystyrene food service articles by
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beachside cafes; and
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WHEREAS, this ordinance will prohibit the possession, use or disposal of expanded
polystyrene food service articles in all City facilities, property, parks and beaches; and
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WHEREAS, this Ordinance will preserve and enhance the environment of the City of
Hallandale Beach, its beaches, parks and other facilities.
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NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
HALLANDALE BEACH, FLORIDA:
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SECTION 1. Chapter 13, Health and Sanitation is hereby renamed Health, Sanitation
and Environmental
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Article V. Environmental Protections is hereby created to read as:
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Section 13-111. Prohibition regarding sale or use of expanded polystyrene food service
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articles by city contractors and temporary use permit holders.
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(a) Legislative intent. Expanded polystyrene, petroleum byproduct commonly known as
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Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to
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thousands of years to degrade. Expanded polystyrene is a common pollutant, which
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fragments into smaller, non-biodegradable pieces that are harmful to marine life, other
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wildlife, and the environment. The City of Hallandale Beach’s goals are to reduce the
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use of expanded polystyrene and encourage the use of reusable, recyclable, or
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compostable alternatives for the protection of our environment and marine life.
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(b) Definitions. For the purpose of this section only the following definitions shall apply:
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(1) City contractor means a contractor, vendor, lessee, concessionaire of the City, or
operator of a City facility or property.
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(2) Expanded polystyrene means blown polystyrene and expanded and extruded
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foams that are thermoplastic petrochemical materials utilizing a styrene monomer
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and processed by any number of techniques including but not limited to fusion of
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polymer spheres (expandable bead foam), infection molding, foam molding, and
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extrusion-blown molding (extruded foam polystyrene).
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(3) Expanded polystyrene food service articles means plates, bowls, cups, containers,
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lids, trays, coolers, ice chest, and all similar articles that consist of expanded
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polystyrene.
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(4) City facility includes but is not limited to, any building, structure, park, marina or
beach owned, operated, or managed by the City of Hallandale Beach.
(5) City property includes, but is not limited to, any land, water or air rights owned,
operated or managed by the City of Hallandale Beach.
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(6) Temporary Use permit holder means any person or entity issued a temporary use
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permit by the City of Hallandale Beach for a special event on City property or in a
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City facility.
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(c) City contractors and temporary use permit holders shall not sell, use, provide food in,
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or offer the use of expanded polystyrene food service articles in City facilities or on
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City property. A violation of this section shall be deemed a default under the terms of
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the City contract, lease, or concession agreement and is grounds for revocation of a
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temporary use permit. This subsection shall not apply to expanded polystyrene food
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service articles used for prepackaged food that have been filled and sealed prior to
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receipt by the City contractor or special event permit holder.
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(d) Any City contract, lease, or concession agreement entered into prior to the effective
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date of this section or any temporary use permit issued prior to the effective date of
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this section shall not be subject to the requirements of this section, unless the City
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contractor or temporary use permit holder voluntarily agrees thereto.
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Section 13-112. Unlawful disposal of expanded polystyrene.
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It shall be unlawful for any person to use, carry, place or discard any expanded polystyrene
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product into any City facility, property, park, beach or marina. Persons violating this subsection
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shall be subject to a civil fine and/or citation as set forth in Section 1-8 of this Code of Ordinances.
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Sections 13-113-13-125 Reserved.
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SECTION 2. Conflict. All ordinances or portions of the Code of Ordinances of the City of
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Hallandale Beach in conflict with the provisions of this ordinance shall be repealed to the extent
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of such conflict.
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SECTION 3. Severability. Should any provision of this ordinance be declared by a court
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of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a
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whole, or any part thereof, other than the part declared to be invalid.
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SECTION 4. Codification. It is the intention of the Mayor and City Commission that the
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provisions of this ordinance be incorporated into the Code of Ordinances; to effect such intention
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the words “ordinance” or “section” may be changed to other appropriate words.
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SECTION 5. This Ordinance shall take effect immediately upon adoption.
PASSED AND ADOPTED on 1st reading on April 1, 2015.
PASSED AND ADOPTED on 2nd reading on __________________, 2015.
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JOY F. COOPER
MAYOR
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SPONSORED BY: COMMISSIONER KEITH LONDON
ATTEST:
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MARIO BATAILLE, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY and
FORM
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V. LYNN WHITFIELD
CITY ATTORNEY
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