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HomeMy WebLinkAbout2023-25 An Ordinance Amending Chapter 13 of Title 5 of the Vail Town Code Concerning the Regulation of Food ContainersORDINANCE NO. 25 SERIES 2023 AN ORDINANCE AMENDING CHAPTER 13 OF TITLE 5 OF THE VAIL TOWN CODE CONCERNING THE REGULATION OF FOOD CONTAINERS NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The title of Chapter 13 of Title 5 of the Vail Town Code is hereby amended, to read as follows: CHAPTER 13: CARRYOUT BAGS AND FOOD CONTAINERS Section 2. Section 5-13-2 of the Vail Town Code is hereby amended with the addition of new definition to be placed in alphabetical order, to read as follows: § 5-13-2. DEFINITIONS. EXPANDED POLYSTYRENE: Blown polystyrene, commonly known as StyrofoamTM, and any other expanded or extruded foam consisting of thermoplastic petrochemical materials utilizing a styrene monomer and processed by techniques that may include: (a) For expandable bead polystyrene, fusion of polymer spheres; (b) Injection molding; (c) Foam molding; and (d) For extruded foam polystyrene, extrusion blow molding. Section 3. Section 5-13-6 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: § 5-13-6. POLYSTYRENE FOOD CONTAINERS. (A) 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) Notwithstanding subsection (A) hereof, 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. 111612023 C:IUSERSIEASYPD-11APPDATAILOCALITEMPIBCL TECHNOLOGIESIEASYPDF 81@BCL@6407529D1 @BCL@6407529D. DOCX Section 4. Chapter 13 of Title 5 of the Vail Town Code is amended by the addition of a new Section 5-13-7, to read as follows: 5-13-7: VIOLATION AND PENALTY: (A) It is unlawful to violate this Chapter. Each violation of this Chapter shall constitute a separate offense. (B) Violations of this Chapter shall be punishable as follows: (1) First violation in any calendar year: a fine of $50; (2) Second violation in the same calendar year: a fine of $100; and (3) Third or subsequent violation in the same calendar year: a fine of $300. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6 The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 2 111612023 C:IUSERSIEASYPD--1IAPPDATAILOCALITEMPIBCL TECHNOLOGIESIEASYPDF 81@BCL@6407529D1@BCL@6407529D. DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of November, 2023 and a public hearing for second reading of this Ordinance set for the 21st day of November, 2023, in t P Q^-,ncil Chambers of the Vail Municipal Building, Vail, Colorado. or / rCirr, Lang aid, May ATTEST. t,It Stephanie Bibbens, Town N°' RAO R AT� READ AND APPROVED Oiv ED READING AND ORDERED PUBLISHED this 21st day of November, 2023. /. Kim Langmaid, Mays ATTEST: Step hXie bens, Town Clerk Or /' 0 0 �p0RAT 3 111612023 C:IUSERSIEASYPD-11APPDATAILOCALITEMPIBCL TECHNOLOGIESIEASYPDF 81@BCL@6407529D1@BCL@6407529D. DOCX