TC Ord. No. 19-11 Adopting a New Chapter 8.50 of Title 8 Prohibiting Food Vendors from Using Polystyrene Foam Disposable Food Service WareAVO n
C O L 0 R A D
TOWN OF AVON, COLORADO
ORDINANCE 19-11
ADOPTING A NEW CHAPTER 8.50 OF TITLE 8 OF THE AVON
MUNICIPAL CODE PROHIBITING FOOD VENDORS FROM USING
POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE
WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality existing
pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the Town's
Home Rule Charter;
WHEREAS, polystyrene foam is a petroleum-based, lightweight plastic material commonly
used as food service ware by retail food vendors operating in the Town of Avon; and
WHEREAS, polystyrene foam, which means and includes blown polystyrene and expanded
and extruded foams (sometimes incorrectly called Styrofoam®, a Dow Chemical Company
trademarked form of polystyrene foam insulation) that are thermoplastic petrochemical materials
utilizing a styrene monomer and processed by any number of techniques, including, but not limited
to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding,
and extrusion -blow molding (extruded foam polystyrene), has also become a problematic
environmental pollutant given its non -biodegradability and nearly non -reusable nature; and
WHEREAS, there is no economically feasible means of recycling polystyrene foam locally;
and
WHEREAS, polystyrene foam is a common pollutant that fragments into small, non -
biodegradable pieces that are difficult to clean up and are ingested by aquatic life and other
wildlife; and
WHEREAS, effective ways to reduce the negative environmental impacts of disposable food
service ware include reusing or recycling food service ware and using compostable materials made
from renewable resources such as paper, cardboard, corn starch, potato starch, and/or sugarcane;
and
WHEREAS, the Town desires to restrict the use by food vendors of polystyrene foam
disposable food service ware; and
WHEREAS, such alternatives are readily available; and
NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Ord 19-11
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Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Addition of Chapter 8.40 to Title 8 of the Avon Municipal Code. Chapter 8.50,
"Polystyrene Foam Disposable Food Service Ware" is added to Title 8, "Health and Safety," of
the Avon Municipal Code to read as set forth in Exhibit A: Addition of Chapter 8.45 to Title 8
of the Avon Municipal Code, attached hereto.
Section 3. Codification Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect on January 1, 2021, provided the
General Assembly approves, and Governor signs, any bill either repealing Section 25-17-104,
C.R.S. or otherwise amending Section 25-17-104 C.R.S. in a manner that provides the Town with
authority to restrict the use by food vendors of polystyrene foam disposable food service ware.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
Ord 19-11
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suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on November 19, 2019 and setting such public hearing for January 28, 2020 at the
Council Chambers of Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado.
B .
A�W�4�
Sarah Smith Hymes, N4or
ATTEST:
Brenda Torres, Town
ADOPTED ON SECOND AND FINAL READING on January 28, 2
v.
Sarah Smith Hyme ayor
APPROVED AS O FO
_17
P 1 Wisor, Town Attorney
Ord 19-11
SECOND READING — January 28, 2020
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ATTEST:
9� - /1 (2
Brenda Torres, Town C
A L
OF
k; S E A L:
EXHIBIT A: ADDITION OF CHAPTER 8.50 TO TITLE 8 OF THE AVON MUNICIPAL CODE
CHAPTER 8.50
POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE
Section 8.50.010 Definitions,
Section 8.50.020 Prohibited use of polystyrene foam disposable food service ware.
Section 8.50.030 Exemptions.
Section 8.50.040 Violation and Penalties.
8.50.010 DEFINITIONS. For the purposes of this chapter, the following terms have the following meanings:
(a) "Disposable food service ware" means single -use disposable products used in the restaurant and food service
industry for serving or transporting prepared, ready -to -consume food or beverages. This includes, but is not limited to,
plates, cups, bowls, trays and hinged or lidded containers, also known as clamshells. This does not include straws,
utensils, or cup lids nor does it include disposable packaging for unprepared foods.
(b) "Food vendor" means any vendor, business, organization, entity, group or individual, including a licensed retail
food establishment that provides prepared food at a retail level.
(c) "Polystyrene foam" means and includes blown polystyrene and expanded and extruded foams (sometimes
incorrectly called Styrofoam®, a Dow Chemical Company trademarked form of polystyrene foam insulation) that are
thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques,
including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding,
and extrusion -blow molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls,
plates, trays, clamshell containers, meat trays and egg cartons. For the purposes of this Article, the term "polystyrene"
shall not include clear polystyrene known as "oriented polystyrene."
(d) "Prepackaged food" means any properly labeled processed food, prepackaged to prevent any direct human
contact with the food product upon distribution from the manufacturer, and prepared at an approved source.
(e) "Prepared food" means food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed,
brewed, frozen, squeezed, or otherwise prepared. Prepared food does not include eggs, fish, meat, poultry, and foods
containing these raw animal foods requiring cooking by the consumer as recommended by the Food and Drug
Administration. Prepared food may be consumed either on or off the premises.
8.50.020 PROHIBITED USE OF POLYSTYRENE FOAM DISPOSABLE FOOD SERVICE WARE.
No food vendor shall use polystyrene foam disposable food service ware when providing prepared food.
8.50.030 EXEMPTIONS. The following uses are exempt from the provisions of this chapter:
(a) Prepackaged food; and
(b) Polystyrene foam coolers and ice chests intended for reuse.
8.50.040 VIOLATIONS AND PENALTIES. Any person violating any of the provisions of this Chapter shall be
deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is
committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Code.
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