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Home My Public Portal About2014-10 Amending Chapter 7 Business Regulations re Expanded Polystyrene Food Service ArticlesORDINANCE NO. 2014-10 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 7, "BUSINESS REGULATIONS" OF THE VILLAGE CODE OF ORDINANCES TO INCLUDE SECTION 7-1, "PROHIBITIONS REGARDING SALE OR USE OF EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES BY VILLAGE CONTRACTORS;" AMENDING CHAPTER 19, "PARK RULES AND REGULATIONS" TO INCLUDE SECTION 19-17, "PROHIBITION ON POLYSTYRENE;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") declares that it is in the best interest of the public health, safety, and welfare of its residents and visitors to reduce litter and pollutants within the Village; and WHEREAS, expanded polystyrene, a petroleum by-product commonly known as Styrofoam, is neither readily recyclable nor biodegradable; and WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller, non -biodegradable pieces that are ingested by marine life and other wildlife, thus harming and killing them; and WHEREAS, due to the physical properties of expanded polystyrene, the EPA states "that such materials can have serious impacts on human health, wildlife, the aquatic environment and the economy;" and WHEREAS, polystyrene materials constitute a portion of the litter in the Village's streets, parks, public places, and waterways; and WHEREAS, the Village's goal is to replace expanded polystyrene food service articles with reusable, recyclable or compostable alternatives; and WHEREAS, this Ordinance will preserve and enhance the environment of the Village; and WHEREAS, the Village Council finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the Village's residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS': Section 1. Recitals Adopted. That the above stated recitals are hereby adopted and confirmed. Section 2. Chapter 7 of the Village Code Amended. That the Code of Key Biscayne, Florida, is hereby amended to read as follows: CHAPTER 7 BUSINESS REGULATIONS Sees. 7 1 7 30 -Reserved, Sec. 7-1. Prohibition regarding sale or use of expanded polystyrene food service articles by Village contractors. (a) Definitions. For purposes of this section, or as applicable by reference in other sections, the following definitions apply. 1. Village contractor means a contractor, vendor, lessee, concessionaire of the Village, or operator of a Village facility. 2. Expanded polystyrene means blown polystyrene and expanded and extruded foams 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 foam), injection molding, foam molding, and extrusion -blown molding (extruded foam polystyrene). I Additions to this Ordinance are reflected in underline. Deletions to this Ordinance are reflected in strikethrough. 2 3. Expanded polystyrene food service article means plates, bowls, cups, containers, lids, trays, coolers, ice chests, and all similar articles that consist of Expanded Polystyrene. (b) Village Contractors shall not sell, use, provide food in, or offer the use of Expanded Polystyrene Food Service articles in Village facilities or on Village property. A violation of this section shall be deemed a default under the terms of the Village contract, lease, or concession agreement. This subsection shall not apply to Expanded Polystyrene Food Service Articles used for prepackaged food that have been filled and sealed prior to receipt by the Village Contractor. (c) Any Village contract, lease, or concession agreement entered into prior to the effective date of this section shall not be subject to the requirements of this section, unless the Village Contractor voluntarily agrees thereto. Secs. 7-2 — 7-30. Reserved. Section 3 Chapter 19 of the Village Code Amended. That the Code of Key Biscayne, Florida, is hereby amended to read as follows: CHAPTER 19 PARK RULES AND REGULATIONS Sec. 19-1. Authority of Village of Key Biscayne Police Department officials and the Recreation Department officials. *** Sec. 19-17. Prohibition on Expanded Polystyrene. Is shall be unlawful for any person to carry any Expanded Polystyrene (as defined in section 7-1 of the Code) product onto any beach or into any park within the Village. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it 3 held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the Code. That it is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the Village of Key Biscayne, that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 6. Effective Date. That this Ordinance shall become effective immediately upon adoption on second reading. PASSED on first reading this 28th day of October, 2014. PASSED AND ADOPTED on second reading this 25th day of November , 2014. 14 YRA PENA LINDSAY ATTES CO ► CHIT AV " EZ, MMC, VILLAGE CLE APPROVED AS T• FORM AND LEGAL SUFFICIENC OR -11 VILLAGE ATTO MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami Miami -Dade County, Florida 'TATE OF FLORIDA :OUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida, that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCES - NOVEMBER 25, 2014 in the XXXX Court, was published in said newspaper in the issues of 11/13/2014 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that he or she has neither paid n• d any person, firm or corporation se�an •-. -, Pai ion refund for the purpose is advertisement ar p lication in the said newspape Sworn to and subscr e -d before me this 13 d ;SEAL) IBER A n 2014 MARIA MESA personally known to me , 00011iiiHilllpp #%, \AOMAS °fi`s, �I' e �voe,�10f 2 �o �n•; k • ems•® • • EF r #Fr 034747 •°D VILLAGE OF KEY BISCAYNE OFFICE QF THE VILLAGE CLERK B.1t' NOl0001 Notice is ere ygfv rt a�t hl dfrdinrtbes will be considered on Second Reading by the Village Council -of the Village of Key Biscayne at a meeting �to b , el `o Tuesday; November 25; 2014 at 7:00 p.m., in the Council; Ctiam er ,liacate�], at. 560: Crandon _Boulevard, Key Biscayne, Florida:`= AN' ORDINANCE- OF; THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING THE INVESTMENT ADVISORY COMMIT- TEE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. - - AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING CHAPTER' 7, "BUSINESS REGULA- TIONS"` OF, THE . VILLAGE_ CODE. OF ORDINANCES TO INCLUDE SECTION 7-1, "PROHIBITIONS REGARDING SALE OR USE' OF. EXPANDED, POLYSTYRENE FOOD SERVICE ARTICLES` BY VILLAGE':r CONTRACTORS;" •AMENDING CHAPTER��19,, "PARK, RULES. AND. REGULATIONS"' TO INCLUDE'` SECTION.`R'19-17i , "PROHIBITION ON POLY- STYRENE;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;; AND PROVIDING FOR AN EFFECTIVE DATE. - - - AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-100 "SINGLE-FAMILY AND TWO-FAMILY; DISTRICTS OF THE VILLAGE CODE OF ORDINANCES, - IN ' ORDER =, TO', AMEND DEVELOPMENT STANDARDS FOR BOATS'AND BOAT TRAILERS; PROVIDING FOR- SEVERABILITY; PROVIDING' FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. - The proposed Ordinances may be inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinances. Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. - Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all -testimony and- evidence upon which any appeal may be based i (F.S.286.0105). _ Comments of any interested party', relative to this matter may be submitted in writing and or presented in -person at the public hearing. ` Conchitaa H. Alvarez, MMC-r - Village Clerk ' - 11113. ';� ;, ,_ - 14-4-316/2372313M