HomeMy WebLinkAbout2561-19 - ADMIN Ordinance - City Council - 2019/06/17
Ordinance No. 2561-19
An ordinance amending the St. Louis Park ordinance code relating to
environment and public health
The City of St. Louis Park does ordain:
SECTION 1. That Chapter 12 of the Code of Ordinances, City of St. Louis Park, Minnesota, is
hereby amended to read as follows:
CHAPTER 12
ENVIRONMENT AND PUBLIC HEALTH
Article VI. Zero Waste Packaging
Sec. 12-201. Legislative purpose.
Sec. 12-202. Definitions.
Sec. 12-203. Prohibitions and duties.
Sec. 12-204. On-site collection for recyclable and compostable packaging.
Sec. 12-205. Rules and regulations.
Sec. 12-206. Exclusions and exemptions.
Sec. 12-207. Violations and enforcement.
Sec. 12-208. Severability.
Sec. 12-209. Effective Ddate.
Sec. 12-210209—12-250. Reserved
ARTICLE II. NUISANCES
DIVISION 1. GENERALLY
Sec. 12-33. Nuisances affecting health.
In addition to those conditions identified elsewhere, the following are declared to be
nuisances affecting health:
(3) Accumulations of decaying animal or plant material, animal or human feces, trash,
refuse, yard waste, rubbish, garbage, rotting lumber, packing material, scrap metal, tires
or any other substances which can be breeding places for flies, mosquitoes or vermin,
except compost maintained in compliance with cChapter 22, article IIIV.
(9) The intentional or negligent discharge of items including but not limited to refuse,
leaves, grass clippings garbage, yard waste, solvents, antifreeze, oil, gas, fireplace
ashes, paint, swimming pool water or cement rein sate into a street, storm sewer
system, or water resource such as a wetland, creek, pond or lake. This includes illegal
discharge or discard of any item on to any land within the City lim its.
Sec. 12-34. Nuisances affecting peace and safety.
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In addition to those conditions identified elsewhere, the following are declared to be
nuisances affecting public peace, welfare and safety:
(23) Accumulations of personal property, rubbish solid waste or debris in any residence that
could prevent emergency egress.
(24) Accumulations of animal feces, rubbish solid waste or junk remaining in any place as to
become dangerous or injurious to the safety of any individual or to the public.
ARTICLE III. LITTER
Sec. 12-91. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Garbage means putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food the portion of solid waste that is not separated
at the source by the generator for the purpose of reuse, recycling, organics recycling, or yard
waste composting.
Licensed solid waste collector means any person holding a valid license from the city who
shall offer to, or engage in, the collection of solid waste in the city.
Litter means garbage, refuse and rubbish, solid waste and all other waste material which, if
thrown or deposited as prohibited in this article, tends to create a danger to public health,
safety and welfare.
Refuse means all putrescible and nonputrescible solid wastes (except body wastes),
including garbage, rubbish, trash, ashes, street cleanings, dead animals, junk, abandoned
automobiles, and solid market and industrial wastes.
Rubbish means nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, wood, glass,
bedding, crockery and similar materials.
Solid waste means garbage, recyclable materials, organic materials, yard waste, appliances,
bulk waste, and other solid waste from residential or commercial buildings, and activities
thereof, that the generator of the material aggregates for collection, but does not include
construction demolition debris, hazardous waste, dirt, rocks, sod, or sewage sludge.
ARTICLE IV. NOISE, NOISE POLLUTION AND VIBRATION
Sec. 12-124. Hourly restrictions on certain operations.
(d) Garbage collection. Except in a general industrial zoning district, no person shall collect
or remove garbage or refuse solid waste except between the hours of 7:00 a.m. and 108:00
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p.m. on weekdays and between the hours of 98:00 a.m. and 108:00 p.m. on weekends and
holidays.
Sec. 12-125. Prohibited noises.
(h) Apartment Multifamily or multiuse building. No person may cause, allow, or permit any
noise pollution in any multiuse or apartment building as determined beyond the property line
of the area or premises owned, rented, leased, or used by such person.
ARTICLE V. STORMWATER, SOIL EROSION, AND SEDIMENTATION
Sec. 12-152. Definitions
Pollutant means anything which causes or contributes to pollution. Pollutants may include,
but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-
hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other
discarded or abandoned objects, ordinances, and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances
and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal
wastes; wastes and residues that result from constructing a building or structure; and noxious
or offensive matter of any kind.
ARTICLE VI. ZERO WASTE PACKAGING
Sec. 12-201. Legislative Purpose.
The cCity of St. Louis Park council (council) adopted the strategic direction in March 2007
stating that the city is committed to being a leader in environmental stewardship and will
increase to increasing environmental consciousness and responsibility in all areas of city
business.
As such, the council finds that discarded packaging from foods and beverages prepared for
immediate consumption constitutes a portion of the waste stream in St. Louis Park that could
be diverted for reuse, recycling, or organics recycling. Regulation of food and beverage
packaging, therefore, is a necessary part of any effort to encourage a recyclable and
compostable waste stream, thereby reducing the disposal of solid waste and the economic and
environmental costs of waste management for the citizens of St. Louis Park and others working
or doing business in St. Louis Park.
The council also finds that the two (2) main processes used to dispose of discarded
nonreusable, nonreturnable, nonrecyclable and noncompostable food and beverage packagi ng
are landfilling and incineration, both of which should be minimized for environmental reasons.
The council therefore finds that the minimization of nonreusable, nonreturnable,
nonrecyclable and noncompostable food and beverage packaging originating at retail food
establishments and at events providing food and/or beverages within the city of St. Louis Park
is necessary and desirable in order to minimize the city's waste stream and maximize recycling
and organics recycling, so as to reduce the volume of landfilled waste, to minimize toxic by-
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products of incineration, and to make our city and neighboring communities more
environmentally sound places to live.
The purpose and intent of this ordinance is to:
(a) Encourage the use of reusable food and beverage packaging when possible;
(b) Minimize the amount of single-use, disposable food and beverage packaging that must be
thrown in the garbage, and thus disposed via incineration or landfilling;
(c) Maximize the amount of single-use food and beverage packaging items that can be recycled
or composted; and
(d) Minimize contamination in organics and recycling.
Sec. 12-202. Definitions.
As used in this chapter, the following terms and phrases shall have the meanings as defined
in this section:
Compostable packaging shall mean packaging that is separable from solid waste prior to
collection for the purpose of composting or anaerobic digestion. Compostable packaging must
be made of unlined paper (unless lining is certified compostable), certified compostable plastic
that meets ASTM D6400 or ASTM D6868 or other material accepted by the facility receiving and
processing the materials as determined by the St. Louis Park Public Works Division by rule
promulgated pursuant to Section 12-205.
Distributor shall mean a business that distributes food and beverages but does not conduct
retail food or beverage transactions.
Food and beverage packaging shall mean packaging used to serve food and beverage
products intended for immediate consumption including cups, plates, bowls, serving trays, to-
go containers, clamshells, wrappers, and lids.
Food establishment as used in this chapter, shall mean a "food establishment" as defined by
Chapter 3.3.1 Hennepin County Code of Ordinances.
Mobile use-food establishment as used in this chapter, shall mean “mobile use-food” as
defined in Chapter 36-142(g)(5) of the City Code of Ordinances, as a vehicle or cart used to
prepare and serve food and/or beverages in individual portions in a ready-to-consume state.
Mobile use-food does not include the sale of groceries or vegetables and fruits not prepared for
immediate consumption at the vehicle.
Packaging shall mean and include food or beverage cans, bottles or containers used to
package food and beverage products for distribution including glasses, cups, plates, bowls,
serving trays, and to-go containers. The following exclusions apply: foods pre-packaged by the
manufacturer, producer or distributor; plastic knives, forks and spoons sold or intended for use
as utensils; and plastic films less than ten (10) mils in thickness.
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Non-packaging food service items shall mean items that are not packaging, but are used to
consume food, including straws and utensils.
Recyclable packaging shall mean food or beverage packaging that is separable from solid
waste prior to collection for the purpose of recycling. Recyclable packaging must be accepted
by the local material recovery facilities receiving and processing the materials and have existing
robust recycling markets as determined by the St. Louis P ark Public Works division by rule
promulgated pursuant to Section 12-205.
Reusable packaging shall mean food or beverage packaging that is capable of being refilled
at a retail location or returned to the distributor for reuse at least once as a containe r for the
same food or beverage.
Single-use shall mean an item designed and intended for a single use.
Violation shall mean any time a food establishment is found by the city to be non-compliant
with one or more section(s) of this chapter.
Zero waste packaging shall mean and include reusable packaging, single-use recyclable
packaging, and single-use compostable packaging.
Zero waste packaging shall mean and include any of the following:
(1) Reusable and returnable packaging: Food or beverage containers or packages, such as,
but not limited to, water bottles, growlers, milk containers and bulk product packaging
that are is capable of being refilled at a retail location or returned to the distributor for
reuse at least once as a container for th e same food or beverage.
(2) Recyclable packaging: Packaging that is separable from solid waste during collection for
the purpose of recycling including, but not limited to, glass bottles, aluminum cans and
plastic food and beverage packaging. Recyclable packaging must be accepted by the
local material recovery facilities receiving and processing the materials and have existing
robust recycling markets as determined by the Public Works Division by rule
promulgated pursuant to section 12.205.
(3) Compostable packaging: Packaging that is separable from solid waste during collection
for the purpose of composting. Compostable packaging must be made of unlined paper
(unless lining is certified compostable), certified compostable plastic that meet ASTM
D6400 or ASTM D6868 or other material accepted by the commercial compost or
anaerobic digestion facility receiving and processing the materials.
Sec. 12-203. Prohibitions and duties.
(a) No person owning, operating or conducting a food establishment or any person or
organization providing free food or beverage products within the cCity of St. Louis Park
pursuant to a Hennepin County or Minnesota Department of Agriculture permit or license,
or in a manner which would require a permit or license, shall do or allow to be done any of
the following within the city:
(1) Sell or convey at retail or possess with the intent to sell or convey at retail any food or
beverage intended for immediate consumption contained, at any time at or before the
time or point of sale, in packaging which is not zero waste packaging. The presence on
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the premises of the food establishment of packaging which is not zero waste packaging
shall constitute a rebuttable presumption of intent to sell or convey at retail, or to
provide to retail customers packaging which is not zero waste packaging ; provided,
however, that this subparagraph shall not apply to manufacturers, brokers or
warehouse operators, who conduct or transact no retail food or beverage business.
(b) To reduce contamination in recycling and organics, mobile-use food establishments shall
implement the following by January 1, 2020, and all other food establishments shall
implement the following by July 1, 2020:
(1) Single-use cups and containers that are utilized with lids shall have lids of the same
category of packaging.
a. Recyclable packaging shall only have recyclable lids;
b. Compostable packaging shall only have compostable lids.
(2) Compostable cups shall be labeled to clearly indicate to the consumer that the cup is
compostable. Labeling must include at least one of the following:
a. The words “certified compostable,” “commercially compostable” or other
language, as approved by the St. Louis Park Public Works Division by rule
promulgated pursuant to Section 12-205. “Made from plants,” “bio-based,” or
“biodegradable” are not acceptable alternatives on their own;
b. The logo of a third-party certification or testing body indicating the cup meets
compostability standards, as approved by the St. Louis Park Public Works
Division by rule promulgated pursuant to Section 12 -205.
(c) All food establishments shall implement the following in relation to non -packaging food
service items by January 1, 2020:
(1) Single-use utensils including, but not limited to, forks, spoons, and knives shall be
compostable.
(2) Single-use straws of any kind shall only be provided to consumers upon request. Front -
of-house straw dispensers, which allow for customers to self-serve, meet this
requirement.
Sec. 12-204. On-site collection for recyclable and compostable packaging.
(a) A food establishment which utilizes single-use compostable and/or recyclable food
packaging to serve consumers on-site shall have on-site collection for recyclable and/or
compostable packaging.
(1) A food establishment that does not utilize single-use packaging to serve consumers on-
site is exempt from the requirement to have on-site collection for recyclable and/or
compostable packaging.
(2) A food establishment that does not have dine-in seating for consumers is exempt from
the requirement to have on-site collection for recyclable and/or compostable packaging.
(3) If a mobile use-food establishments is being hosted by an entity as part of an eve nt or
regular business, the hosting entity shall provide on-site collection for recyclable and/or
compostable packaging.
(b) Containers for the on-site collection of recyclable and/or compostable packaging shall be
co-located with garbage containers.
(1) If garbage receptacles are available to consumers, then receptacles for separating
recyclable and/or compostable packaging must also be made available to consumers in
the same location.
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(2) If garbage receptacles are not available to consumers and are instead placed i n areas for
use by staff only, then receptacles for separating recyclable and/or compostable
packaging are only required in those locations.
(c) A food establishment shall arrange for the collection of recyclable and/or compostable
packaging by a licensed solid waste collector for delivery to an appropriate transfer station
or processing facility.
(d) Packaging used to contain food or beverages intended for immediate consumption shall be
considered zero waste packaging only when the food establishment provides con sumers
with an on-site opportunity to recycle and/or appropriately manage compostable packaging
and compostable plastics and utilizes a qualified recycling and/or organics management
system.
(1) A qualified recycling system shall have the following elements:
a. A clear and verifiable process for separating recyclable packaging from discarded solid
waste.
b. Collection and delivery of recyclable packaging to a recycling facility for processing in
the same or at least similar manner as recyclable packaging collected in a city approved
recycling program;
(2) A qualified organics recycling system shall have the following elements:
a. A clear and verifiable process for separating organic materials from discarded solid
waste; and
b. Collection and delivery of organic materials to an organics composting or anaerobic
digestion facility in the same manner or at least similar manner as organic materials
collected in a municipally approved the city’s organized collection organics management
program.
(3) A food establishment that does not have dine-in seating for consumers except a mobile
use-food establishment, is exempt from the requirement to provide consumers with an
on-site opportunity to recycle and/or manage compostable packaging/compostable
plastics as defined in Sec. 12-203(b).
Sec. 12-204. Violations and Enforcement.
(a) When a violation of this ordinance has occurred, the food establishment shall be subject to
the penalties set forth below.
(b) A violation of this ordinance is a misdemeanor.
(c) Violations of this ordinance shall be punishable as an administrative offense pursuant to
City Code Section 1-14, Administrative Penalties, as follows:
(1) A warning notice in writing for the first violation;
(2) A fine of $100 for the second violation;
(3) Repeat subsequent violations within 24 months will incur a fine double the amount
of the fine imposed for the previous violation, up to a maximum of $2,000. For
example, if there were four occurrences of a violation that carried a $100 fine: first is
$0 (warning); second is $100, third is $200, fourth is $400.
(d) At the time a violation occurs, the food establishment will be given 14 calendar days to take
corrective action before a subsequent fine is issued.
(e) The administrative offenses provided for in this article shall be in addition to any other legal
or equitable remedy available to the city for city code violations.
Sec. 12-205. Rules and regulations.
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The St. Louis Park pPublic wWorks dDivision may, upon notice and hearing, promulgate such
rules and regulations as may be necessary to carry out the purposes of this article and protect
the health of the public, including:
(a) the development of a list of recyclable and compostable packaging that meets definitions
under Section 12-202;
(b) a list of third party certification or testing bodies that meet the requirements under Section
12-203(b)(2);
(c) and development of a list of exemptions under Section 12-206(e) for packaging for which
there is no reasonable commercially available alternative.
In promulgating such rules, the division shall consider the legislative purposes provided in
Section 12-201 of this ordinance and shall consult with the operators of affected food
establishments, local material recovery facilities and local commercial composting facilities. The
Ppublic Wworks Ddivision rules and regulations shall be approved by council annually.
Sec. 12-206. Exclusions and exemptions.
Notwithstanding any other provisions to the contrary, this ordinance shall not apply to:
(a) Manufacturers, brokers, distributors or warehouse operators who conduct or transact no
retail food or beverage business;
(b) Food and beverage service provided through patient care at hospitals and nursing homes;
(c) Food packaging pre-packaged by a manufacturer, producer or distributor;
(d) Plastic films less than ten (10) mils in thickness;
(e) Any packaging which is not zero waste packaging, but for which there is no commercially
available alternative as determined by the St. Louis Park Public Works Division by rule
promulgated pursuant to Section 12-205. In determining whether there are commercially
available alternatives, the Ppublic Wworks Ddivision will consider whether there is
availability of zero waste packaging for affected products. Every rule creating an exemption
under this paragraph will be reviewed annually by the Ppublic Wworks Ddivision to
determine whether current conditions continue to warrant the exemption.
Sec. 12-207. Violations and enforcement.
(a) Violations of this ordinance shall be punishable as a misdemeanor pursuant to City Code
Section 1-13, and/or an administrative offense pursuant to City Code Section 1 -14,
Administrative Penalties.
(b) The administrative offenses provided for in this article shall be in addition to any other legal
or equitable remedy available to the city for city code violations.
(c) At the time a violation occurs, a warning notice will be given in writing. The f ood
establishment will be given 14 calendar days to take corrective action before a fine is issued.
Sec. 12-208207. Severability.
If any part or provision of this ordinance or the application thereof to any person, entity, or
circumstances shall be judged unconstitutional or invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision or
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application which is directly involved in the controversy in which such judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this ordinance or the
application thereof to other persons, entities, or circumstances.
Sec. 12-210169--12-250200. Reserved.
SECTION 2. This ordinance shall take effect fifteen dates after its publication.
First Reading May 20, 2019
Second Reading June 17, 2019
Date of Publication June 27, 2019
Date Ordinance takes effect July 12, 2019
Reviewed for administration: Adopted by the City Council June 17, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to form and execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
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