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10A Action 2011 1003
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10A Action 2011 1003
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9/27/2011 4:48:15 PM
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9/27/2011 4:48:10 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
10/3/2011
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_CC Agenda 2011 1003
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1003
10B Action 2011 0919
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0919
Ord 2011-011
(Superseded by)
Path:
\City Clerk\City Council\Ordinances\2011
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situations unique to the food vendor not generally applicable to other persons in similar <br />circumstances. <br />(b) Prepared foods prepared and packaged outside of the City of San Leandro and <br />prepared foods prepared and packaged in the City of San Leandro for use outside of the City of <br />San Leandro are excluded from the provisions of this Article. Purveyors of food prepared and <br />packaged outside the City of San Leandro are encouraged to follow these provisions in <br />accordance with the City's stated policy goal to eliminate the use of polystyrene foam food <br />service ware in all possible applications. <br />(c) Retailers, wholesalers and suppliers of polystyrene foam food service ware within the <br />City of San Leandro are excluded from the provisions of this Article, but are encouraged to <br />promote the sale, purchase, and use of compostable and recyclable food service ware options in <br />San Leandro in accordance with the City's stated policy goal to eliminate the use of polystyrene <br />foam food service ware in all possible applications. <br />(d) Emergency supplies or services procurement: Food vendors, City departments, City <br />facilities, and contractors shall be exempt from the provisions of this Article, in a situation <br />deemed by the City Manager to be an emergency for the immediate preservation of the public <br />peace, health or safety. <br />3 -8 -230 ENFORCEMENT AND PENALTIES. <br />(a) The Public Works Services Director, or the Director's designee, shall have the <br />primary responsibility for enforcement of this Article. If the Director or his/her designee <br />determines that a violation of this Article has occurred, he /she shall issue a written warning <br />notice to the food vendor that a violation has occurred. Subsequent violations of the Article by a <br />food vendor shall be subject to the enforcement and penalties set forth below. <br />(b) Any violation of this Article that occurs after the issuance of a written warning to a <br />food vendor is subject to an administrative citation pursuant to Article 1 -12 -400 et seq. of the <br />San Leandro Municipal Code. <br />(c) The San Leandro City Attorney may seek legal, injunctive, or any other relief to <br />enforce the provisions of this Article. <br />3 -8 -240 EFFECTIVE DATE. This ordinance shall take effect on November 1, 2012. <br />SECTION II. SEVERABILITY. If any section, subsection, subdivision, paragraph, <br />sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is <br />for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not <br />affect the validity or enforceability of the remaining sections, subsections, subdivisions, <br />paragraphs, sentences, clauses, or phrases of this Ordinance, or its application to any other <br />person or circumstance. The City Council of the City of San Leandro hereby declares that it <br />would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase <br />hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, <br />paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. <br />SECTION III. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take <br />effect on November 1, 2012. The title thereof shall be published once and a complete copy <br />thereof shall be posted on the City Council Chamber bulletin board for five (5) days prior to its <br />second reading by the City Council. <br />ORDINANCE NO. 2011 -011 4 <br />
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