TC Ord. No. 21-05 Concerning the Management of Plastic Productsl 1
Avo n
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ORDINANCE NO.21-05
CONCERNING THE MANAGEMENT OF PLASTIC PRODUCTS
WHEREAS, pursuant to §31-15-103 and §31-15-104, C.R.S. and pursuant to the home
rule powers of the Town of Avon ("Town"), the Town Council has the power to make and
publish ordinances necessary and proper to provide for the safety, preserve the health, promote
the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, in October of 2017, the Town Council adopted Ordinance 17-08, which
promoted the use of reusable bags by prohibiting disposable plastic bags and requiring a charge
for the use of disposable paper bags at grocers and other retailers which would help address the
environmental and health problems associated with such use, would relieve Town taxpayers of
the costs incurred by the Town in conjunction therewith, and would be in the best interest of the
public health, safety and welfare of the citizens of the Town; and
WHEREAS, in promoting the use of reusable bags, Ordinance 17-08 specifically defines
the term "reusable bag" as a bag that:
1. Is designed and manufactured to withstand repeated uses over a period of time. 2
2. Is made from a material that can be cleaned and disinfected regularly;
3. Is at least two and one-fourth (2.25) mils thick if made from plastic; and
4. Has the capability of carrying a minimum of eighteen (18) pounds.
WHEREAS, an Avon retailer has proposed introducing a new type of reusable plastic
bag to be provided to patrons at no cost to carry purchased items; and
WHEREAS, the proposed new reusable plastic bags are made of 2.25 mil thick plastic,
purportedly can be reused up to 125 times, carry 18 pounds, and can be cleaned and disinfected
regularly in compliance with Ordinance 17-08; and
WHEREAS, Town Council and Town staff have examined the proposed resusable
plastic bags, and have determined such bags are unlikely to be reused and are likely to be treated
as traditional plastic bags, including being disposed of in a manner that creates they precise
environmental and health impacts Ordinance 17-08 seeks to avoid; and
WHEREAS, the Town Council finds that amending the definition of "reusable bag" to
more clearly clarify such bags shall not be disposed of like traditional plastic bags will achieve
the overall goals of Ordinance 17-08 and will promote the health, safety and general welfare of
the Avon community; and
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
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WHEREAS, polystyrene foam, which means and includes blown polystyrene and expanded
and extruded foams (sometimes incorrectly called StyrofoamTM, 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, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
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. Amendment to Section 8.38.020 — Definition of Reusable Bat. Section
8.38.020 is hereby amended to read as follows with r....out indicating language to be deleted
and underline indicating language to be adopted:
Reusable bag: a bag that:
1. Is designed, manufactured, for at least one hundred twenty-five uses to
r-epeattedd ussiesperiod f time
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2. is made f.,ffl material that , be ,.leaned and disc f ete r . lar-1., Can carry at
least twenty-two pounds over a distance of one hundred seventy-five feet;
3. Has stitched
handles; and
4. Is made of
cloth, fiber or other fabric or a recycled material such as polyethylene
terephthalate.
Section 3. Addition of Chapter 8.40 to Title 8 of the Avon Municipal Code. Chapter 8.50,
"Prohibition on Use of Expanded Polystyrene Food Containers" is added to Title 8, "Health and
Safety," of the Avon Municipal Code to read as set forth in Exhibit A: Addition of Chapter
8.50 to Title 8 of the Avon Municipal Code, attached hereto.
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 thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
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,
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
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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. Codification of 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 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on June 22, 2021 and setting such public hearing for July 13, 2021 at the Council
Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon,
Colorado.
A=
7
Sarah Smith Hymes, Mayor
ATTEST:
Brenda Torres, Town Cle
ADOPTED ON SECOND AND FINAL READING on August 10, 2021.
BY:
Sarah Smith Hymes, Ma r
1 Wisor, Town Attorney
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ATTEST:
WN OFgN
Brenda Torres, Town Cl k
EXHIBIT A: ADDITION OF CHAPTER 8.50 TO TITLE 8 OF THE AVON MUNICIPAL CODE
CHAPTER 8.50
PROHIBITION ON USE OF EXPANDED POLYSTYRENE FOOD CONTAINERS
Section 8.50.010 Definitions.
Section 8.50.020 Prohibited use of expanded polystyrene food containers.
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) "Container" means a receptacle upon which or inside which food may be placed for consumption, whether or not
the receptacle can be fully closed. Container includes hinged food containers, plates, bowls, cups, and trays.
(b) "Expanded Polystyrene" means and includes blown polystyrene commonly known as called StyrofoamTM, and
any other expanded or extruded foam consisting of thermoplastic petrochemical materials utilizing a styrene
monomer and processed by techniques that may include:
1) For expandable bead polystyrene, fusion of polymer spheres;
2) Injection Molding;
3) Foam molding; and
4) For extruded foam polystyrene, extrusion blow molding.
(c) "Food" means any raw, cooked, or processed edible substance, ice, beverage, or indgrediebt used or intended
for use or for sale, in whole or in part, for human consumption. Food does not include a drug, as that term is defined
in §25-5402(9), C.R.S., as amended.
(d) "Ready -to -eat" means food that is cooked or otherwise prepared in advance for immediate consumption.
(f) "Retail food establishment" has the same meaning as set forth in §254-1602(14), C.R.S., as amended, except
retail food establishment does not include farmers markets and roadside markets as described in §25-4-1602(14)(j),
C.R.S., as amended.
(g) "School" has the same meaning as set forth in §23-3.9-101(6), C.R.S., as amended.
8.50.020 Prohibited use of expanded polystyrene food containers.
(a) Except as provided in subsection (b), effective January 1, 2024, a retail food establishment shall not distribute an
expanded polystyrene product for use as a container for ready -to -eat food in the Town.
(b) If a retail food establishment purchased expanded polystyrene products before January 1, 2024, the retail food
establishment may distribute any remaining inventory of the expanded polystyrene products then purchased for use
as containers for ready -to -eat food in the Town until the inventory is depleted.
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8.50.030 EXEMPTIONS. The following distribution of polystyrene product shall be exempt from this
Section 8.50:
(a) Distribution of a polystyrene product that is regulated as a drug, medical device or dietary supplement by the
Food and Drug Administration n the United States Department of Health and Human Services under the "Federal
Food, Drug and Cosmetic Act 21 U.S,C. Sec 321 est seq,, as amended; and
(b) Distribution of a polystyrene product by a school.
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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