HomeMy WebLinkAboutOrd 611-1971ORDINANCE NO. 61 I
AN ORDINANCE OF THE CITY OF SOUTH SAN
FRANCISCO, CALIFORNIA, PROHIBITING THE
SALE OF CERTAIN NON-RETURNABLE OR
DISPOSABLE BEVERAGE CONTAINERS WITHIN
THE CITY OF SOUTH SAN FRANCISCO.
WHEREAS, the use of certain disposable beverage containers
and their consequent disposal is producing an adverse effect upon
the environment which is injurious to the health, safety, comfort,
convenience, welfare and happiness of residents of this City; and
WHEREAS, pursuant to Article XI, Section 11, of the
Constitution of the State of California, related statutes of the
State of California, and ordinances of the City of South San
Francisco, the City Council has the power to pass such ordinances
as it deems necessary for the protection and promotion of the
health, safety, comfort, convenience, welfare and happiness of
residents of the City; and
WHEREAS, pursuant to said authority the City Council
deems it in the public interest to prohibit the sale of certain
non-returnable or disposable containers within the corporate limi'ts
of the City of South San Francisco in an effort to curtail the
steady degradation of the natural environment;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SOUTH SAN
FRANCISCO DOES ORDAIN AS FOLLOWS: :
SECTION I. The sale of certain non-returnable or dis-
posable beverage containers as herein defined is hereby prohibited
within the corporate limits of the City of South San Francisco.
CENTRAL RECORDS
SECTION II. DEFINITIONS.
'For the purposes of this Ordinance, the following terms,
phrases ~ w~rds and their derivations shall have the meaning' given
herein:
a. Bevergge(s) shall mean:
1. Non-alcoholic beverage - any mineral waters ~
soda waters or any other carbonated or uncarbonated bev-
erage not containing alcohol that is commonly known as
a soft drink.
2. Alcoholic beverage - any beer~ ale or other
malt beverage containing one-half of one per centum or
more of alcohol by volume.
b. City shall mean the corporate limits of the City
of South San Francisco.
e. City Manager shail mean the City Manager of the
City of South San Francisco, or his designee.
d. Container shall mean any device made of glass or
metal material used for the purpose of holding or containing
either soft drinks or beer.
e. Non-returnable or disposable beverage container
shall mean any device made of glass or metal material used
for the purpose of holding or containing either soft drinks
or beer and the title to which the seller intends to pass
with the sale of the contents.
f. Sale shall mean a commercial transaction by any
person: firm, individual, corporation, partnership or vendor
whereby beverages are exchanged for a monetary consideration.
SECTION III. INSPECTION.
The City Manager, or his designee, shall have the
authority to enter upon the premises of any firm, individual, cor-
poration, partnership or vendor selling beverages and which is
licensed to eonduct.a business under the laws of this State, for
the purpose of performing inspections to determine if said firm,
individual, corporation, partnership or vendor is in compliance
with the provisions of this Ordinance.
SECTION IV. VIOLATIONS. ~'
Any firm, individual, corporation, partnership or vendor
selling beverages within the City, found guilty of violating any
provision of this 0rdinanee, shall be guilty of a misdemeanor,
and shall be punished by a fine not exceeding one hundred dollars
($100.00) or imprisonment for thirty days (30) or both such fine
and imprisonment. Each day's violation of the provisions of this
Ordinance shall constitute a .separate offense.
SECTION V. SEVERABILITY.
The provisions of this Ordinance are hereby declared to
be severable and if any provision, sentence, clause, section or
part thereof is held illegal, invalid, unconstitutional or inapplicable
to any person or circumstance, such illegality, invalidity, uncon-
stitutionality or inapplicability shall not affect or impair any
of the remaining provisions, sentences, clauses, sections oP parts
of this Ordinance or their application to persons and circumstances.
SECTION VI. PUBLICATION AND EFFECTIVE DATE.
This Ordinance shall be published once in the "Enterprise-
Journal," a newspaper of general circulation in the City of South
San Francisco, as required by law: fifteen (15) days after adoption
and shall become effective on July 1, 1971.
'Introduced this 4th- day of January , 19 .71 .
Passed and adopted as an Ordinance of the City of South
San Francisco at a regular meetin'g of the City council
of the City of South San Francisco this 18th day of January
19. 71, by the following vote:
AYES, COUNCILMEN Frank J. Bertucelli, F. Frank Mammini and
- Warren Steinkamp
NOES, "
Patrick E. Ahern and William A. Borba
ABSENT, " ' ' None
As Mayor of the City of South San Francisco, I do hereby
approve the foregoing Ordinance this 18th day of January
19 71