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