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Section XX -4. - Prohibition of the use of expanded polystyrene food service articles <br />or-oduets by city contractors and special event permittees operating on City Property or <br />City Facilities, <br />A. Prohibition. <br />(1) City contractors are prohibited from using expanded polystyrene food service <br />articles fists while located on or operatingon n City Propert or Facilities. <br />City contractors may not utilize expanded polystyrene food service articles and <br />while serving or preparing food or beverages, and are <br />prohibited from providinto <br />anyone while operating or located on City Facilities or City Property. A violation <br />of this section shall be deemed a default under the terms of the city contract, lease, <br />or concession agreement. <br />Special event permittees are prohibited from using velystyene—preduets;-er <br />expanded polystyrene food service articles while <br />serving or preparing food or beverages, or providing expanded polystyrene <br />p ec at& food service articles to anyone while operating or located on City <br />Facilities or City Property. The City may revoke the special event permit <br />immediately if this section is violated. This subsection shall not apply to expanded <br />polystyrene food and beverage packaging that was packaged outside of the City <br />and sealed prior to receipt by the special event permittee. <br />Section XX -5. - Penalties <br />A. The City's Development Services Department shall enforce violations of Section XX -3 <br />and XX -4 of the Code of Ordinances in accordance with the Code Enforcement <br />procedures in Chapter 14 of the Code of Ordinances. <br />B. Any person or entity that violates any of the provisions in Sections XX -3 or XX -4 of the <br />Code of Ordinances is subject to the following penalties: <br />1) First offense: A written warning notice with no civil aenalty as a first response to a <br />violation. A copy shall be kept on file with the City. <br />(2) Second offense within any 1 year period from the date of the first offense: <br />One hundred dollars ($100.00) civil citation. <br />(3) Third offense within any one (1) year period from the date of the second <br />offense: Two hundred dollars ($200.00) civil citation. <br />(4) Fourth offense and each subsequent offense within any one (1) year period from <br />the date of the previous offense: Five hundred ($500.00) civil citation. <br />(5) When there is a permitted special event that will last for a period of two das or <br />less, the compliance timeframe in the written warning shall not exceed twelve (12j <br />hours. <br />C. Each day that a prohibited use occurs shall constitute a separate violation. <br />Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the <br />same, are hereby repealed. <br />02021 Polystyrene Ordinance - Second Reading Page 4 of 5 <br />