Town of Fort Myers Beach Agenda Item Summary Blue Sheet Number:2017-192 1. Requested Motion: Meeting Date: Oct 16, 2017 Ordinance 17-13 AN ORDINANCE OF THE TOWN OF FORT MYERS BEACH, FLORIDA PROHIBITING THE DISTRIBUTION OF PLASTIC STRAWS, AS DEFINED, BY ANY PERSON, AS DEFINED, WITHIN THE TOWN; PROVIDING FOR PENALTIES FOR ANY SUCH DISTRIBUTION; PROVIDING FOR CODIFICATION, SEVERABILITY, SCRIVENER ERRORS, CONFLICTS OF LAW AND AN EFFECTIVE DATE. HEARING TO BE CONTINUED TO NOVEMBER 6, 2017 TOWN COUNCIL MEETING Why the action is necessary: What the action accomplishes: 2. Agenda: 3. Requirement/Purpose: 4. Submitter of Information: PUBLIC HEARINGS Ordinance Town Attorney 5. Background: The first reading of the proposed ordinance took place on August 14, 2017, at which time the Council moved it to a second reading and final hearing for September 7, 2017. At their September 7, 2017 meeting, Council continued this item to the October 16, 2017 meeting. However, due to advertising requirements, this hearing shall be continued to a later date to be determined by the Council. Attachments: 10.A Ord 17-13 Plastic Straws natural straws only ord (DOCX) (DOCX) 6. Alternative Action: 7. Management Recommendations: 8. Recommended Approval: Packet Pg. 29
10.A.a ORDINANCE NO. 17-13 AN ORDINANCE OF THE TOWN OF FORT MYERS BEACH, FLORIDA PROHIBITING THE DISTRIBUTION OF PLASTIC STRAWS, AS DEFINED, BY ANY PERSON, AS DEFINED, WITHIN THE TOWN; PROVIDING FOR PENALTIES FOR ANY SUCH DISTRIBUTION; PROVIDING FOR CODIFICATION, SEVERABILITY, SCRIVENER ERRORS, CONFLICTS OF LAW AND AN EFFECTIVE DATE. WHEREAS: the Town finds that plastic straws, when irresponsibly discarded, pose an environmental hazard to the health, safety and welfare of the citizens and visitors of Fort Myers Beach as well as negatively impacting water quality and the surrounding marine life ; and, WHEREAS: the Town s Marine Resource Task Force, charged with researching and recommending resolutions to issues relating to citizen health and safety and the preservation of the Town s natural characteristics and marine environment, has found that plastic straws when irresponsibly discarded into the natural environment negatively affects that environment; WHEREAS: Straws made of paper, plant, vegetable and other natural products are available and are a more environmentally-friendly alternative to plastic straws; NOW, THEREFORE, IT IS HEREBY ORDAINED by the Town Council of the Town of Fort Myers Beach, Florida that: I. Name: This Ordinance shall be known as the Prohibition of Plastic Straws Ordinance. The preamble and findings of fact above are incorporated herein. II. Definitions: A. Person means any person, business, corporation, public nonprofit entity, agency or institution, partnership or other organization or group, however organized. B. Polystyrene means any thermoplastic polymer comprised of at least 80 percent styrene or paramethylstyrene by weight and is herein referred to as plastic. C. Natural products to mean a product that contains nothing artificial or synthetic in its compounds while a whole product and through the decomposition process. D. Straw means a thermoplastic tube for transferring a beverage from its container to the mouth of the drinker by suction. Attachment: Ord 17-13 Plastic Straws (2017-192 : TO BE CONTINUED Second Reading and Public Hearing: Ordinance 17-13, Prohibition of Packet Pg. 30
10.A.a D. Distribution or to distribute means the vending, sale, giving, deployment or delivering for any purpose of a thermoplastic straw, as defined herein, whether or not incident to the sale, vending or provision of any kind of beverage in a container. Distribution does not include provision of a straw with a beverage on private property used as a residence or by the School Board of Lee County or by beverages prepared and packaged outside the Town, provided such beverage is not altered, packaged or repackaged within the Town. III. Distribution of Thermoplastic Straws Prohibited. Beginning 90 days after the date of adoption of this Ordinance, no person shall distribute plastic straws within the Town. IV. Penalties for Distribution. A. For any violation of Section III: (1). First offense within any one year period: $100.00 fine. (2). Second offense within any one year period: $200.00 fine. (3). Third offense or more within any one year period: $500.00 fine. B. Each and every prohibited distribution is a single violation. V. Enforcement. Officers of the Town s Code Enforcement Division, or such other Town employees so authorized by the Town Manager to issue citations, shall enforce this Ordinance by written citation issued to the violator. VI. INCLUSION INTO THE CODE OF ORDINANCES. The Town Council intends that the provisions of this ordinance be made a part of the Fort Myers Beach Code of Ordinances, and that sections herein may be renumbered or relettered and the words or phrases herein may be changed to accomplish codification; regardless, typographical errors that do not affect intent may be corrected with notice to and authorization of the Town Manager without further process. Attachment: Ord 17-13 Plastic Straws (2017-192 : TO BE CONTINUED Second Reading and Public Hearing: Ordinance 17-13, Prohibition of Packet Pg. 31
10.A.a VII. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason, declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision will not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. VIII. CONFLICTS. Whenever the requirements or provisions of this ordinance are in conflict with the requirements or provisions of any other lawfully adopted ordinance or statute, the most restrictive shall apply. IX. EFFECTIVE DATE. This ordinance becomes effective immediately upon adoption. The foregoing Ordinance was adopted by the Town Council upon a motion by and seconded by, and upon being put to a roll call vote, the result was as follows: Dennis Boback, Mayor Anita Cereceda, Council Member Bruce Butcher, Council Member Tracey Gore, Vice Mayor Joanne Shamp, Council Member DULY PASSED AND ADOPTED THIS 7TH DAY OF SEPTEMBER, 2017 BY THE TOWN COUNCIL OF THE TOWN OF FORT MYERS BEACH. By: Dennis C. Boback, Mayor Approved as to form and legal sufficiency By: The Peterson Law Group, Town Attorney ATTEST: By: Michelle D. Mayher, Town Clerk Attachment: Ord 17-13 Plastic Straws (2017-192 : TO BE CONTINUED Second Reading and Public Hearing: Ordinance 17-13, Prohibition of Packet Pg. 32
10.A.a Attachment: Ord 17-13 Plastic Straws (2017-192 : TO BE CONTINUED Second Reading and Public Hearing: Ordinance 17-13, Prohibition of Packet Pg. 33
10.A.b ORDINANCE NO. 17-13 AN ORDINANCE OF THE TOWN OF FORT MYERS BEACH, FLORIDA PROHIBITING THE DISTRIBUTION OF PLASTIC STRAWS, AS DEFINED,BY ANY PERSON, AS DEFINED, WITHIN THE TOWN; PROVIDING FOR PENALTIES FOR ANY SUCH DISTRIBUTION; PROVIDING FOR CODIFICATION, SEVERABILITY, SCRIVENER ERRORS, CONFLICTS OF LAW AND AN EFFECTIVE DATE. WHEREAS: the Town finds that plastic straws, when irresponsibly discarded, pose an environmental hazard to the health, safety and welfare of the citizens and visitors of Fort Myers Beach as well as negatively impacting water quality and the surrounding marine life ; and, WHEREAS: the Town s Marine Resource Task Force, charged with researching and recommending resolutions to issues relating to citizen health and safety and the preservation of the Town s natural characteristics and marine environment, has found that plastic straws when irresponsibly discarded into the natural environment negatively affects that environment; WHEREAS: Straws made of paper, plant, vegetable and other natural grain products are available and are a more environmentally-friendly alternative to plastic straws; NOW, THEREFORE, BE IT ORDAINED by the Town Council of Fort Myers Beach, Florida that: I. Name: This Ordinance shall be known as the Prohibition of Plastic Straws Ordinance. The preamble and findings of fact above are incorporated herein. II. Definitions: A. Person means any person, business, corporation, public nonprofit entity, agency or institution, partnership or other organization or group, however organized. B. Natural products means an item containing nothing artificial or synthetic in its compounds while it remains a whole item and throughout its decomposition process. C. Straw means a tube for transferring a beverage from its container to the mouth of the drinker by suction. Attachment: natural straws only ord (2017-192 : TO BE CONTINUED Second Reading and Public Hearing: Ordinance 17-13, Prohibition of Packet Pg. 34
10.A.b D. Distribution or to distribute means the vending, sale, giving, deployment or delivering for any purpose of a thermoplastic straw, as defined herein, whether or not incident to the sale, vending or provision of any kind of beverage in a container. Distribution does not include provision of a straw with a beverage on private property used as a residence or by the School Board of Lee County or by beverages prepared and packaged outside the Town, provided such beverage is not altered, packaged or repackaged within the Town. III. Distribution of Certain Straws Prohibited. Beginning 90 days after the date of adoption of this Ordinance, no person shall distribute straws within the Town composed of any material other than those made of a natural product. IV. Penalties for Distribution. A. For any violation of Section III: (1). First offense within any one year period: $100.00 fine. (2). Second offense within any one year period: $200.00 fine. (3). Third offense or more within any one year period: $500.00 fine. B. Each and every prohibited distribution is a single violation. V. Enforcement. Officers of the Town s Code Enforcement Division, or such other Town employees so authorized by the Town Manager to issue citations, shall enforce this Ordinance by written citation issued to the violator. Attachment: natural straws only ord (2017-192 : TO BE CONTINUED Second Reading and Public Hearing: Ordinance 17-13, Prohibition of Packet Pg. 35
10.A.b VI. INCLUSION INTO THE CODE OF ORDINANCES. The Town Council intends that the provisions of this ordinance be made a part of the Fort Myers Beach Code of Ordinances, and that sections herein may be renumbered or relettered and the words or phrases herein may be changed to accomplish codification; regardless, typographical errors that do not affect intent may be corrected with notice to and authorization of the Town Manager without further process. VII. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason, declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision will not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. VIII. CONFLICTS. Whenever the requirements or provisions of this ordinance are in conflict with the requirements or provisions of any other lawfully adopted ordinance or statute, the most restrictive shall apply. IX. EFFECTIVE DATE. This ordinance becomes effective immediately upon adoption. The foregoing ordinance was enacted by the Town Council upon a motion by Council Member and a second by Council Member ; and, being put to a vote, the result was as follows: ATTEST: Dennis Boback, Mayor Tracey Gore, Vice-Mayor Anita Cereceda, Council Member Joanne Shamp, Council Member Bruce Butcher, Council Member By: Michelle Mayher, Town Clerk TOWN OF FORT MYERS BEACH BY: Dennis Boback, Mayor Attachment: natural straws only ord (2017-192 : TO BE CONTINUED Second Reading and Public Hearing: Ordinance 17-13, Prohibition of Packet Pg. 36
10.A.b APPROVED AS TO FORM: Peterson Law Group, Town Attorney Attachment: natural straws only ord (2017-192 : TO BE CONTINUED Second Reading and Public Hearing: Ordinance 17-13, Prohibition of Packet Pg. 37