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Home My WebLink AboutReso 1972-6601RESOLUTION NO. 6601 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ADOPT AN ORDI1`dANCE RELATING TO THE PROBLEMS OF SOLID WASTE DISPOSAL BY REGULATING RETAIL STORES IN THE DISTRIBUTION OF CARBONATED BEVERAGES IN GLASS CONTAINERS, AND FIXING A DATE FOR PUBLIC HEARING THEREON The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Environmental Control Commission of the City of Chula Vista has heretofore recommended an ordinance relating to the problems of solid waste disposal by regulating retail stores in the distribution of carbonated beverages in glass containers, and WHEREAS, the City Council of the City of Chula Vista desires to review said ordinance and to receive input from those parties affected by the terms of said ordinance at a public hearing. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby declares its intention to adopt said ordinance, a copy of which is attached hereto and incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the City Council does hereby set the hour of 7:00 p.m., on Tuesday, the 3rd day of October, 1972, in the Council Chambers of the City Hall, 276 Fourth Avenue, Chula Vista, California as the time and place for the public hearing con- sidering the adoption of said ordinance. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and she is hereby directed to cause a copy of this resolution to be published once in the Chula Vista Star News, a news- paper of general circulation published within the City of Chula Vista. Presented by Approved as to form by y~ , ~~ ~~-~ ,~ ~ Geo e D. Lindberg, City A orney George Lindberg, City Atto ney ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 12th day of September , 1972 , by the following vote, to-wit: AYES - Councilmen EGDAHL, SCOTT, HOBEL, HAMILTON, HYDE NAYES: Councilmen NONE ABSENT: Councilmen NONE - ~ '~ ~ 'ti, ayor of the City f Chula Vi a ATTES'1'y .'~ ~ ~ u, L c- ~L_1-~- City ClerT k STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VI5TA ) I, , City Chula Vista, California, DO HEREBY CERTIFY that true and correct copy of Resolution No. , been amended or repealed. DATED Clerk of the City of the above is a full, and that the same has not City Clerk ORDINAP3CE NU. AIQ ORDINA~•dCE OF TiIE CITY COUNCIL OF THE CITY OF CIiULA VISTA AMENDING CIiAPTER 35 OF THE CHULA VISTA CITY CODE B~' ADDING THERETO A NEW ARTICLE 5, RELATING TO THE PROBLEMS OF SOLID WASTE DISPOSAL The City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Chapter 35 of the Chula Vista City Code is hereby amended by adding thereto a new Article 5, to be and to read as follows: ARTICLE 5. SOLID WASTE DISPOSAL REGULATIONS. Sec. 35.501. Purpose and Intent - Definitions. A) Purpose and Intent. It is the intent of the City Council to pursue a variety of avenues to meet the growing problem of solid waste dis- posal through regulatory .methods which may be enforced upon the local level in accordance with the appropriate exercise of police power of the City of Chula. Vista. It is further the purpose of the Council by encouraging programs of recycling and reusability of solid waste prod- ucts, especially containers of all kinds, to contribute to the preservation and conservation of natural resources and energy. It is the purpose of the Council in adopting this article to improve the environment and enhance the aesthetics of the Chula Vista community by establishing the reasonable regulation of disposable materials, which shal_1 also reduce the demand for utilization of~lands for dumping grounds of all kinds thus improving the ability to provide for better land use. B) Definitions. "Returnable, Non-Disposable Containers" shall be defined for the purposes of this ordinance to mean a glass container which can be reused or refilled with beverages without any reprocessing other than cleaning, and shall further be a container for which a deposit is paid and returned to the consumer by the owner of any store carrying such products. Sec. 35.502. Regulation of Retail Stores Selling Non- Alcoholic Carbonated Beverages in Glass Containers. In order to carry out the purpose and intent of this article insofar as non-alcoholic carbonated beverages sold in glass containers is concerned, the City Council desires to provide consumers of said products with a fair choice between purchases of said products in disposable or non- disposable containers and to cl.ear.ly demonstrate the economic .advantages to the consumer as well as the community in making said purchases in the non-disposable, returnable containers. ~~~oi All retail stores dealing in and selling non-alcoholic carbonated beverages dispensed in disposable glass contain- ers or cans shall from and after November 1, 1972, insofar as reasonably possible, maintain in stock and on display in the merchandising area where said beverages are displayed for sales purposes a quantity of each brand of said bever- ages for sale in non-disposable returnable glass containers, if in fact the manufacturer of said beverages does produce or bottle said beverage in glass non-disposable returnable containers. In addition, the retail store owner shall maintain and prominently display a sign in sizes not smaller than 8-1/2" by 11". Said sign shall carry substantially the following message relative to environmental problems: "Improve your environment. Buy beverages in returnable bottles and return them." "Keep your city clean. Buy returnables and return them.", plus a message relative to economic advantage, "Returnable bottled beverages have greater economic value - if you return the bottles.", "Beverages bought in returnable containers are a better buy than those bought in non-returnable containers." Other messages of substantially the same import may be substituted therefor from time to time, provided that the message content shall have been approved by the Environ- mental Control Commission of the City of Chula Vista. Sec. 35.503. Regulation of Retail Stores Selling Alcoholic Carbonated Beverages in Glass Containers. In order to carry out the purpose and intent of this article insofar as alcoholic carbonated beverages sold in glass containers is concerned, the City Council desires to provide consumers of said products with a fair choice between purchases of said products in disposable or non- disposable containers and to clearly demonstrate the economic advantage to the consumer as well as the community in making said purchases in the non-disposable returnable containers. All retail stores dealing in and selling alcoholic car- bonated beverages dispensed in disposable glass containers or cans shall from and after November 1, 1972, insofar as reasonably possible, maintain in stock and on display in the merchandising area where said beverages are displayed for sales purposes a quantity of each brand of said beverages for sale in non-disposable returnable glass containers, if in fact the manufacturer of said beverage does produce or bottle said beverage in glass non-disposable returnable containers. In addition, the retail store owner shall maintain and prominently display a sign in sizes not smaller than 8-1/2" by 11". Said sign shall carry substantially the following message relative to environmental problems: "Improve your environment. Buy beverages in returnable bottles and return them." "Keep your city clean. Buy returnables and return them.", plus a message relative to economic advantage, ~2~~0/ "Returnable bottled beverages have greater economic value if you return. the bottles.", "Beverages bought in returnable containers are a better buy than those bought in non-returnable containers." Other messages of substantially the same import may be substituted therefor from time to time, provided that the message content ~>hall have been approved by the Environmental Control Commission of the City of Chula Vista. SECTION II: Every person, as principal, agent or employee, violating any of the provisions of this article is guilty of a mis- demeanor and upon convinction thereof, shall be punishable by a fine of not more than three hundred dollars ($300.OO,or by imprisonment in the City Jail of the City of Chula Vista or in the County Jail of San Diego County for a period of not more than thirty (30) days, or by both such fine and imprisonment. Further, every such person shall be subject to a suspension of their business license and the privilege to do business at the premises wherein a violation of this ordinance shall have been determined to exist for a period not to exceed five (5) days. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed, continued or permitted by such person and shall be punishable as herein provided. The remedies provided herein are cumulative and not exclusive. SECTION III: This ordinance shall take effect and be in full force on the thirty-first day from and after its passage and approval. Presented by George in erg, City Attorney Approved as to form by George D. Lindberg, City Attorney ~~~ ~j