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Home My WebLink AboutReso 1972-6421RESOLUTION NO. 6421 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ADOPT AN ORDINANCE 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 ordi- nance, 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 6th day of June, 197. in the Council Chambers of the City Hall, 276 Fourth Avenue, Chula Vista, California as the time and place for the public hearing considering the adoption of said ordinance. Presented by Approved as to form by AYES : Councilmen Scott, Hob el, Hamilton, Hyde, Egdahl NAYES : Councilmen None ABSENT: Councilmen None ATTEST - ~~ ~~ ~c~~-~ v,/ City Clerk '"? i ' ~ ~~~~~ ~ ayor of the City of Chula V''ta STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. CITY OF CHULA VI5TA ) I, , City Clerk Vista, California, DO HEREBY CERTIFY that the above and correct copy of Resolution No. and tha been amended or repealed. DATED of the City of Chula is a full, true t the same has not City Clerk ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 2nd day of t-gay , 1972, by the following vote, to-wit: ORDINANCE N0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 35 OF THE CHULA VISTA CITY CODE BY ADDING THERETO A NEW ARTICLE 3, 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 3, to be and to read as follows: ARTICLE 3. SOLID WASTE DISPOSAL REGULATIONS. Sec. 35.301. 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 disposal 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 products, especially containers of all kinds, to contri- bute to the preservation and conservation of natural re- sources 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 shall 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 and returned to the consumer by the owner of any store carrying such products. Sec. 35.302. 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 clearly demonstrate the economic advantages 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 non-alcoholic carbonated beverages sold in so-called disposable containers shall be required from and after July 1, 1972 to have in stock in the particular merchandising area where said beverages are displayed for sales purposes, said non- alcoholic carbonated beverages in non-disposable, return- able containers for each of the brands of the beverages offered for sale if, in fact, the manufacturer of said beverages does produce or bottle said beverages in glass containers of the non-disposable, returnable variety. It shall be the obligation of said retail store to display said non-alcoholic carbonated beverages in non-disposable, returnable containers in substantially the same numbers and no less than the numbers, displayed for the same brand or variety of beverage displayed in the so-called disposable container and it shall be the responsibility of said retail store operator or owner to make said non-disposable, returnable containers available for sale at all times insofar as this is resonably possible. Furthermore, the retail store owner shall maintain and prominently display a sign in not less than 1" high type indicating the availability of the non-disposable, returnable containers and clearly delineating the price differential between disposable and non-disposable containers, including the deposit refund for non-disposable, returnable containers. Sec. 35.303. 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 sold in so-called disposable containers shall be required from and after July 1, 1972 to have in stock in the particular merchandising area where said beverages are displayed for sales purposes, said alcoholic carbonated beverages in non-disposable, returnable con- tainers for each of the brands of the beverages offered for sale if, in fact, the manufacturer of said beverages does produce or bottle said beverages in glass containers of the non-disposable, returnable variety. It shall be the obligation of said retail store to display said alcoholic carbonated beverages i n nt~n-r7i cr~ncahl o rczi-,,,-.,mot-., .. containers in substantially the same num than the numbers displayed for the same of beverage is displayed in the so-calle container and it shall be the responsibi retail store operator or owner to make s returnable containers available for sale insofar as this is reasonably possible. retail store owner shall maintain and pr a sign in not less than 1" high type ind ability of the non-disposable, returnabl clearly delineating the price differenti and non-disposable containers, including for non-disposable, returnable container - 2 - Hers, and no less grand or variety 3 disposable Lity of said yid non-disposable, at all times Furthermore, the >mi.nently display Lcating the avail- containers and it between disposable the deposit refund ~~~~/ 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 five hundred dollars ($500.00) or by imprisonment in the City Jail of the City of Chula Vista or in the County Jail or San Diego County for a period of not more than six (6) months, 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 offence 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 Approved as to form by George D. Lindberg, City Attorney ~i ~~ c~~ /