ORDINANCE 1638ORDINANCE NO. 1638
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
TITLE 5, CHAPTER 8 TO IMPLEMENT ASSEMBLY BILL 1276
REGARDING SINGLE -USE FOODWARE ACCESSORIES AND
STANDARD CONDIMENTS AND DESIGNATE THE CITY AS
ASSOCIATED ENFORCEMENT AGENCY.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 8 of Title 5 (Health and Sanitation) of the El Segundo
Municipal Code ("ESMC") to read as follows:
"Chapter 8
SINGLE -USE FOODWARE ACCESSORIES AND STANDARD CODIMENTS
5-8-1 Findings and Purpose.
This chapter is adopted in accordance with Article XI, § 7 to protect public health,
safety, and well-being by reducing the detrimental environmental and public
health impacts associated with single -use foodware and standard condiments
which contribute to litter in storm drains and the ocean and impose unseen costs
on consumers, taxpayers, and public entities. This chapter is adopted to
implement Assembly Bill ("AB") 1276's legal requirements restricting the use of
single -use foodware accessories and standard condiments.
5-8-2 Compliance with State Law.
It is unlawful to fail to comply with the provisions of California Public Resources Code
Division 30, Part 3, Chapter 5.2 (Single Use Foodware Accessories and Condiments), i.e.,
§ 42270, et seq., as may subsequently be amended.
5-8-3 Enforcement.
A. The City Council authorizes the City Manager, or designee, to utilize one or
more City departments enforce this chapter's provisions. The City Manager,
or designee, may establish regulations or administrative procedures or take
other reasonable actions to further this chapter's purposes.
B. The City Council may, by resolution, designate additional enforcement
agencies to enforce this chapter's provisions.
C, The first and second violations of this chapter will result in a notice of
violation without a fine. Any subsequent violation will constitute an infraction
punishable by a $25 fine for each day in violation, not to exceed $300
annually.
ORDINANCE NO. 1638
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City of El Segundo
Ordinance No. 1638
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D. Subject to Subsection C, and unless limited by law, the City may enforce this
chapter in accordance with this code's provisions and state law."
SECTION 2. Environmental Review. This Ordinance was reviewed pursuant to the
California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA")
and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et
seq., the "CEQA Guidelines"). Based upon that review, this Ordinance is exempt from
further review pursuant to CEQA Guidelines §15061(b)(3) because it can be seen with
certainty that there is no possibility that the Ordinance may have a significant effect on
the environment. This Ordinance is also exempt from the requirements of CEQA pursuant to
CEQA Guidelines §§ 15307 and 15308 as actions taken by regulatory agencies to assure the
maintenance, restoration, enhancement of natural resources, or protection of the
environment.
SECTION 3. Electronic Signatures. This Ordinance may be executed with
electronic signatures in accordance with Government Code §16.5. Such electronic
signatures will be treated in all respects as having the same effect as an original signature.
SECTION 4. Construction. This Ordinance must be broadly construed to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of
this Ordinance be interpreted or implemented by the City and others in a manner that
facilitates the purposes set forth in this Ordinance.
SECTION 5. Enforceability. Repeal or amendment of any provision of the ESMC
will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution
and imposition of penalties for any violation occurring before this Ordinance's effective
date. Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 6. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the city council intends that such invalidity will
not affect the effectiveness of the remaining provisions or applications and, to this end,
the provisions of this Ordinance are severable.
SECTION 7. Recording. The City Clerk is directed to certify the passage and
adoption of this Ordinance; cause it to be entered into the city of El Segundo's book of
original ordinances; make a note of the passage and adoption in the records of this
meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 8. Execution. The Mayor, or presiding officer, is hereby authorized to
affix his signature to this Ordinance signifying its adoption by the City Council of the City
of El Segundo, and the City Clerk, or duly appointed deputy, is directed to attest thereto.
City of El Segundo
Ordinance No. 1638
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SECTION 9. Effectiveness. This Ordinance will take effect on the 30th day
following its final passage and adoption. It may be enforced commencing on January 1,
2022,
ORDINANCE NO. 1638 HAD ITS FIRST READING ON AUGUST 16, 2022. ITS
SECOND READING ON SEPTEMBER 6, 2022 AND WAS DULY PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AT ITS
REGULAR MEETING OF SEPTEMBER 6, 2022.
Dr & �s or'-,,,
ATTEST:.
Tracy We4yfir, City Clerk
APP' VED AS TO FO
w
Mark D. flensley, City Attorney
City of Ell Segundo
Ordinance No. 1638
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1638 was duly introduced by said City Council at a regular meeting held
on the 16t" day of August, 2022, and was duly passed, and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular
meeting of said Council held on the 6t" day of September, 2022, and the same was so
passed and adopted by the following vote:
AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, and
Council Member Giroux
NOES: None
ABSENT: Council Member Nicol
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of September,
2022.
(J&q uidao—o
Tr' y Weaver, City Clerk
of the City of El Segundo,
California