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NOW THEREFORE, the City Council of the City of San Leandro does ORDAIN as
<br /> follows:
<br /> SECTION 1. AMENDMENT OF CODE. Chapter 3 -8 of the San Leandro Municipal
<br /> Code is amended to read as follows:
<br /> Article 2. BAN ON POLYSTYRENE FOAM FOOD SERVICE WARE
<br /> 3 -8 -200 TITLE. This Article shall be known as the "City of San Leandro Ban on
<br /> Polystyrene Foam Food Service Ware" and may be so cited.
<br /> 3 -8 -205 PURPOSE AND INTENT. The purpose and intent of this Article is to protect
<br /> the City's natural environment, its economy, and the health of its residents and visitors by
<br /> substituting polystyrene foam food service ware with compostable or recyclable food service
<br /> ware at all food vendors, City departments, and City facilities served by contractors, and at City -
<br /> sponsored events.
<br /> 3 -8 -210 DEFINITIONS. For the purpose of this Article the following definitions shall
<br /> govern unless the context clearly requires otherwise:
<br /> (a) "City" means the City of San Leandro.
<br /> (b) "City Department" means any governmental subdivision of the City.
<br /> (c) "City Facility" means any premises or lands owned or operated by the City.
<br /> (d) "City- Sponsored Event" means any activity that is organized by the City and any
<br /> private activity whose organizers voluntarily request any endorsement or recognition from the
<br /> City that is unrelated to any requirements for such an event under applicable law.
<br /> (e) " Compostable" means all materials in the product or package will break down into, or
<br /> otherwise become a part of, usable compost (e.g., soil - conditioning material, mulch) in a safe
<br /> and timely manner consistent with the composting facility used by the City's franchisee or by the
<br /> Oro Lorna Sanitary District's franchisee for integrated waste management.
<br /> (f) "Contractor" means any individual, group, or organization that has a contract with the
<br /> City for work or improvement to be performed, for a franchisee, concession, for grant monies,
<br /> goods and services, or supplies to be donated or to be purchased at City expense.
<br /> (g) "Food Vendor" means any establishment located within the City of San Leandro, or
<br /> any establishment which provides prepared food or beverages within the City for public
<br /> consumption on or off its premises and includes, but is not limited to, any store, shop, sales
<br /> outlet, restaurant, bar, pub, coffee shop, cafeteria, caterer, convenience store, liquor store,
<br /> grocery store, supermarket, delicatessen, mobile food preparation truck or vehicle, roadside
<br /> stand, or any other person who provides prepared food; and any individual, group, or
<br /> organization which regularly provides food as part of its services.
<br /> (h) "Food Service Ware" means single -use disposable products used in the restaurant
<br /> and food service industry for serving or transporting prepared food and includes, but is not
<br /> limited to, plates, cups, bowls, trays, and hinged or lidded containers. This definition does not
<br /> include single -use straws, drink lids or utensils.
<br /> (i) "In Association With" means any combination of food service ware with any form of
<br /> prepared food for the purposes of containment, consumption, or display to promote consumption.
<br /> ORDINANCE NO. 2011-011 2
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