TOWN OF CAMDEN Police Ordinance

Part XXX-X
Prohibition on Polystyrene Containers

Section 1—Purpose
Polystyrene foam is a petroleum-based plastic made from the styrene monomer. A lightweight, good insulator, polysty- rene is largely air. Many products use polystyrene to either keep items warm or cold, or use the product to pack and ship items safely. Polystyrene is not easily recycled and when littered or discarded, creates undesirable impacts on wa- ter quality, stormwater, and wildlife, especially since it disintegrates easily into small particles and becomes difficult to retrieve. There are alternatives that are reusable, recyclable or compostable, which are already on the market and readi- ly available.

Therefore, Camden, Maine, herebyis adoptsting a ban on polystyrene to support the Purpose described above, and the Town finds that: because:
• Camden is located on Penobscot Bay, an area known worldwide for its natural beauty, fish and other wildlife;
• Camden has an obligation to maintain and preserve the area’s special natural environment; and,

• and, Mmaintenance of Camden as litter-free as possible is important to protect and preserve its natural environment and enhance the quality of life for residents and visitors.

This Ordinance will serve the public interest by reducing the amount of non-biodegradable waste and littering in Cam- den. In keeping with this, it is anticipated that; a portion of any substitute packaging is expected to be composed of biodegradable material in whole or in part.

(The State of Maine has banned the service of food and beverages in polystyrene foam containers at facilities or func- tions of the State since 1990. Over 100 cities across the United States have in one form or another banned the use or sale of polystyrene.)

Sec 2—Definitions

As used in this Article, the following terms shall have the following meanings:

“Food Packager” means any person located within Camden who places meat, eggs, bakery products, or other food in packaging materials for the purpose of retail sale of those products.

“Prepared food” means food or beverages which are served at the food vendor’s location having been previously pre- pared elsewhere or are prepared at the vendor’s location by cooking, chopping, slicing, mixing, brewing, freezing or squeezing.

“Prepared food” may be eaten either on or off premises.

“Polystyrene foam” means and includes blown polystyrene and expanded and extruded foams (sometimes incorrectly called Styrofoam®, a Dow Chemical Company trademarked form of polystyrene foam insulation) that are thermo- plastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extru- sion-blow molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons. For the purposes of this Article, the term “polystyrene” shall not in- clude clear polystyrene known as “oriented polystyrene.”

“Retail Vendor” means any person, restaurant, store, shop, sales outlet, or other establishment, including, without limi- tation, a grocery store, convenience store or a delicatessen, located within Camden and that offers prepared food for retail sale.

Sec. 3—Prohibitions

A. No retail vendor in Camden shall serve or sell prepared food in polystyrene foam containers and no food packager shall package meat, eggs, bakery products, or other food in polystyrene foam containers.

2. Camden shall not use polystyrene foam food or beverage containers at any Camden facility or Camden-sponsored event.
3. No Camden department or facility shall purchase or acquire polystyrene foam food or beverage containers.
4. All parties who contract with Camden shall be prohibited from using polystyrene foam food and beverage contain- ers in Camden facilities or on Camden-funded projects within Camden.A. A retail vendor or food packager that is currently existing or is established in Camden before the effective date of this Article may be exempted from the provision of this Article prohibiting the use of polystyrene foam for a pe- riod of time to be determined by the Camden town manager or his/her designee if the retail vendor or food packag- er requests an exemption in writing from the town manager and demonstrates to the Camden town manager or his/her designee that compliance with the provision constitutes undue hardship for the retail vendor or food pack- ager. Undue hardship includes, but is not limited to, situations unique to the food vendor that are not generally ap- plicable to other retail vendors or food packagers in similar circumstances. The Camden town manager or his/her designee shall make a written decision on each exemption request.Sec. 5—Violations and EnforcementViolations of this Article shall be civil violations which shall be punishable by fines as follows: (a) A fine not exceeding $250 for the first violation;
   (b) A fine not exceeding $500 for the second and each subsequent violation;
   (c) Payment of the Town’s legal fees for prosecution of each violation; and.Sec. 6—Effective Date.(b) This Article shall be automatically repealed if and as long as there is, as determined by the Camden select board by order, a developed and maintained effective town-wide recycling program approved by the Camden’s Public Works Director for polystyrene foam food and beverage containers.(NOTE: Trigger mechanisms like these in Article 6 (b) and (c) are not favored. It can be confusing to have the Select Board repeal what he votes have appproved and it can be seen as an unalwful delegation of legislative power. When the Ordiannce becomes obsolete, the best thing to do is have the voters repeal it.)
5. Sec. 7—Severability
6. (c) This Article shall be automatically repealed on the day, as determined by the select board by order, that statewide legislation or federal legislation goes into effect incorporating either the same or substantially similar provisions as are contained in this Article or in the event, as determined by the Select board by order, that a perti- nent Maine or federal administrative agency enacts regulations preempting such action.
7. (a) This Article shall become effective on January 1, 2019.
8. (d) Violators shall be subject to such injunctive relief as is reasonably necessary to prohibit future violations of any person or entity found in violation of this ordinance..
9. The Camden Police Chief or his/her designeeDepartment shall have the primary responsibility for enforcement of this Article. If the Ppolice Enforcement Official determines that a violation of this Article has occurred, he/she shall issue a written warning Nnotice to the retail vendor or food packager describingthat a violation has occurred, and Ordering it to cease within 7 days. Subsequent violations of the Article after failure to cease the violation(s)shall be subject to the penalties set forth below.
10. B. Retail vendors, food packagers, Camden departments, Camden facilities, and Camden contractors are exempt from the provisions of this Article in a situation deemed by the Camden town manager, in his/her sole discretion, to be an emergency for the immediate preservation of the public health, safety, or welfare.
11. Sec. 4— Exemptions