Deerfield-News.com-Deerfield Beach, Fl-Starting on April 1, 2019, Deerfield Beach code enforcement become the straw police. In a case of wanting to do good and save turtles and be environmentally sound, Deerfield Beach has become a nanny state.
Deerfield Beaches intentions may be good, but the road to hell is paved with good intentions. This is a case of government overreach in a situation that business and citizens could and were resolving.
Ganz in what Deerfield-News.com believes is just another favor for a friend or maybe quid pro quo. First Ganz erects a sign for Sparrow which helps the entrepreneur from Boca sell Deerfield Beach Island stickers, then this ridiculous ordinance maybe we should ban stickers, too.
ORDINANCE NO. 2018/
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, CREATING ARTICLE X “PLASTIC
STRAWS PROHIBITION” SECTION 34-171 “PROHIBITION ON
DISTRIBUTION, SALE, OR USE OF PLASTIC STRAWS” OF THE CITY
CODE OF ORDINANCES TO PROVIDE LIMITATIONS ON THE
DISTRIBUTION, USE, AND SALE OF PLASTIC STRAWS WITHIN THE
CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING
FOR AN EFFECTIVE DATE.WHEREAS, the City Commission finds that there are reasonable, environmentally friendly
alternatives to plastic straws; and
WHEREAS, the City seeks to further preserve and enhance the City’s environment by
prohibiting the sale or use of single-use plastic straws by special event permittees and businesses
located within the City; and
WHEREAS, the City Commission wishes to create Chapter 34, Article X of the City’s
Code of Ordinances (“Code”) to create Section 34-171 to prohibit the sale, distribution, and use of
plastic straws; and
WHEREAS, the City Commission finds that this Ordinance is necessary for the
preservation and improvement of the environment, public health, safety and welfare of the City’s
residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference
WHEREAS, the City of Deerfield Beach (“City”) is committed to environmental
conscientiousness and leadership; and
WHEREAS, the City finds that it is in the public interest, safety, and welfare to reduce
litter and pollutants on the lands and in the waters of the City; and
WHEREAS, discarded plastic straws threaten wildlife and marine life; and degrade and
litter the beaches and waters off of Florida’s coast, which include areas within the City; and
WHEREAS, the use, sale, and distribution of plastic straws has a detrimental effect on the
City’s environment; and
WHEREAS, the City Commission finds that there are reasonable, environmentally friendly
alternatives to plastic straws; and WHEREAS, the City seeks to further preserve and enhance the City’s environment by
prohibiting the sale or use of single-use plastic straws by special event permittees and businesses
located within the City; and
WHEREAS, the City Commission wishes to create Chapter 34, Article X of the City’s
Code of Ordinances (“Code”) to create Section 34-171 to prohibit the sale, distribution, and use of
plastic straws; and
WHEREAS, the City Commission finds that this Ordinance is necessary for the
preservation and improvement of the environment, public health, safety and welfare of the City’s
residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Amending Chapter 34 of the City Code. The Code of City of Deerfield
Beach, Florida is hereby amended by adding Section 34-171 “Prohibition on Distribution, Sale, or
Use of Plastic Straws,” which section shall read as follows 1
:
Chapter 34 – Environment
Article IX. – Plastic Straws Prohibition
Section 34-1701. Prohibition on Distribution, Sale, or Use of Plastic Straws.
(a) Definitions. For purposes of this section, the following definitions apply:
(1) City Property means any land, water, or air rights owned by the City, or any
building, structure, park, beach, road, street, right-of-way, or other facility
owned, operated or managed by the City.
(2) Plastic Straw means a straw provided, sold, or distributed for the purpose of
imbibing liquids or transferring a beverage from its container to the mouth of
the drinker by suction, which is predominantly made of plastic derived from
petroleum, a biologically-based source (such as corn or other plants),
polypropylene, or polyethylene, and which is intended for a single-use.
(3) Special Event Permittee means any person or entity, and their subcontractor(s),
issued a special events permit by the City for a special event on City property,
(b) Plastic Straws Prohibited; Exceptions
(1) A Plastic Straw shall not be used, sold, or distributed in any commercial
establishment, on City Property, or by any Special Event Permittee.
(2) Exceptions. The prohibition in (b)(1) above shall not apply to:
a. pre-packaged drinks sold at commercial establishments; or
b. medical or dental facilities; or
c. school district or county, state, or federal governmental entities.;or
d. use by individuals with a disability or other impairment requiring the
use of a plastic straw.
(c) Enforcement; Penalties
(1) The City’s Code Enforcement Department shall commence enforcing the
provisions of this Section on April 1, 2019.
(2) Penalties for violations of the provisions of this Section shall be enforced
through Chapter 2, Article VI, Division 3 of the City Code.
Section 3. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in Code. It is the intent of the City Commission that the
provisions of this ordinance shall become and be made a part of the City’s Code of Ordinances,
and that the sections of this Ordinance may be renumbered or relettered, and the word “ordinance”
may be changed to “section,” “article,” “regulation,” or such other appropriate word or phrase in
order to accomplish such intentions.
Section 5. Conflicts. All ordinances or parts of ordinances, resolutions or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
final adoption on second reading.
PASSED AND ADOPTED ON FIRST READING THIS ____ DAY OF __________, 2018.
PASSED AND ADOPTED ON SECOND READING THIS ___ DAY OF _________, 2018.
CITY OF DEERFIELD BEACH
