HomeMy Public PortalAbout2017-36 Encouraging business and special event permittees to replace styrofoam food service articles and single-use carry-out plRESOLUTION NO. 2017-36
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, ENCOURAGING
BUSINESS AND SPECIAL EVENT PERMITTEES TO
REPLACE STYROFOAM FOOD SERVICE ARTICLES AND
SINGLE -USE CARRY -OUT PLASTIC BAGS WITH
ENVIRONMENTALLY -FRIENDLY ALTERNATIVES;
PROMOTING OTHER MEASURES TO REDUCE MARINE
AND ENVIRONMENTAL DEBRIS; PROVIDING FOR
TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on November 25, 2014, the Village of Key Biscayne (the "Village') adopted
Ordinance No. 2014-10, which amended the Village's Code of Ordinances to include a prohibition
on the sale or use of expanded polystyrene foam (EPS) food service articles by Village contractors;
and
WHEREAS, EPS, a petroleum by-product commonly known as Styrofoam, is a common
pollutant which is neither readily recyclable nor bio-degradable, and which fragments into small
non-bio-degradable pieces that are ingested by marine life and other wildlife, causing sickness and
death; and
WHEREAS, the EPA has advised that EPS materials "can have serious impacts on human
health, wildlife, the aquatic environment and the economy"; and
WHEREAS, as with EPS products, single -use carry -out plastic bags have a detrimental
effect on the Village's environment; and
WHEREAS, discarded plastic carry -out bags threaten wildlife and marine life, and cause
litter in the marine environment and throughout the Village; and
WHEREAS, plastic carry -out bags are used in enormous numbers, by habit, thoughtlessly,
creating massive amounts of solid waste and contributing to overburdened landfills; and
WHEREAS, plastic carry -out bags are photo -degradable, breaking -down into small pieces
that pollute the food chain and that are ingested by a variety of animals, including birds, jellyfish and
endangered sea turtles; and
WHEREAS, according to Ocean Crusaders, shoppers worldwide use approximately 500
billion plastic carry -out bags per year, translating to use and discard of roughly a million bags every
minute across the globe, or 150 bags a year for every person on earth, which, it is estimated, would
circumnavigate the earth 4,200 times if tied end -to -end; and
WHEREAS, the Center for Biological Diversity estimates that discarded plastic bags are
responsible for the deaths of 100,000 marine animals annually; and
WHEREAS, the Southeast Florida Coastal Ocean Task Force, which included direct and
active participation by the Village of Key Biscayne on coastal resources and conservation strategies,
recommended in its final report, in June 2015, voluntary "bag bans" among other solid waste and
coastal protection measures; and
WHEREAS, it has become apparent to Village residents and the Village Council that use
of EPS products and carry -out plastic bags is unnecessary and unsustainable; and
WHEREAS, as good and thoughtful stewards of the environment, Village residents
regularly seek ways to improve, enhance, beautify and care for the Key Biscayne ecology and
surrounding marine environment; and
WHEREAS, the Village Council has expressed the desire, unanimously, to regulate EPS
articles and plastic bags, and would do so immediately but for pending litigation that could
conceivably affect intended regulation; and
WHEREAS, in advance of intended regulation by the Village Council, and recognizing
that the Village is committed to environmental conscientiousness and sustainability, the Village
Council has determined to educate local businesses and special event permittees as to the
environmental harms associated with EPS articles and plastic bags, and the expressed preferences
of Village residents to limit or eliminate the use of such products within the Village, and to
advocate for local businesses and special event permittees to respond to consumer antipathy for
such products by eliminating their use within the Village so as to adopt better environmental
practices within and for a community that highly values such practices.
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
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Section 1. Recitals Adopted. Each of the recitals stated above is hereby adopted and
confirmed, and incorporated as part of this Resolution.
Section 2. Encourage Use of Environmentally -Friendly Alternatives.
(a) The Village Council directs to Village businesses and permittees the information
set forth in the introductory recitals, and commends the advocacy of Village residents who have
pressed for greater awareness of the issues, and for corrective conservation strategies, including
remedial "bag ban" legislation at the earliest date practicable.
(b) The Village Council encourages and urges local businesses and special event
permittees to replace EPS food service articles and plastic carry -out bags with environmentally -
friendly, reusable, recyclable or compostable alternatives, beginning immediately.
(c) The Village Council solicits the partnership of local businesses and permittees in
helping to hasten the inevitable transition away from EPS articles and carry -out plastic bags,
toward environmentally -friendly alternatives.
(d) The Village Council draws favorable attention the recently announced decision of
the Publix supermarket in Coral Gables, to eliminate voluntarily plastic bags and to provide
customers with free reusable bags in their place.
(e) The Village Council also draws favorable attention to examples of branded or
stylized recyclable tote bags, and financial incentives, that have been presented by Village
residents, and encourages a Village -wide collaboration, in advance of legislation, to hasten the
elimination altogether of EPS, carry -out plastic bags and other avoidable sources of litter, in
favor of other means of handling and transporting food and consumer products in an
environmentally -friendly, cost-effective and convenient manner.
Section 3. Transmittal. The Village Clerk is hereby directed to transmit this
Resolution, with the cover letter attached hereto, to all businesses operating within the Village,
and to the Chamber of Commerce and the Key Biscayne Community Foundation, including the
Citizen Scientist Program.
Section 4. Effective Date. This Resolution shall be effective immediately from and
after adoption hereof.
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PASSED AND ADOPTED this 9th day of June , 2017.
ATT
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CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VILLAGE ATTORNEY
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