City of Atlanta
Georgia

Ordinance
19-O-1418
Adopted as Amended
Dec 2, 2019 1:00 PM

****AN ORDINANCE BY COUNCILMEMBERS AMIR FAROKHI, JOYCE M. SHEPERD, MICHAEL JULIAN BOND, MARCI COLLIER OVERSTREET, ANDREA L. BOONE, JENNIFER N. IDE, DUSTIN HILLIS, ANTONIO BROWN, MATT WESTMORELAND, CARLA SMITH, ANDRE DICKENS AND J.P. MATZIGKEIT AS SUBSTITUTED BY CITY UTILITIES COMMITTEE AND AMENDED BY THE ATLANTA CITY COUNCIL TO AMEND CHAPTER 2, ARTICLE X, DIVISION 1 OF THE CITY OF ATLANTA CODE OF ORDINANCES TO CREATE A NEW SECTION 2-1115 TO PROHIBIT THE BUYING, PURCHASING, OR OTHERWISE ACQUIRING OF ANY NON-COMPOSTABLE SINGLE-USE SERVICEWARE FOR USE BY THE CITY OF ATLANTA IN ACCORDANCE WITH THE PROCUREMENT AND REAL ESTATE CODE OF THE CITY; TO AMEND CHAPTER 22, ARTICLE III, DIVISION 3, SUBDIVISION II OF THE CITY OF ATLANTA CODE OF ORDINANCES TO CREATE A NEW SECTION 22-136 TO PROHIBIT THE UTILIZATION OF NON-COMPOSTABLE SINGLE-USE SERVICEWARE BY COMMERCIAL OPERATIONS LOCATED IN HARTSFIELD-JACKSON ATLANTA INTERNATIONAL AIRPORT; TO AMEND CHAPTER 75, ARTICLE III, OF THE CITY OF ATLANTA CODE OF ORDINANCES TO PROHIBIT THE UTILIZATION OF NON-COMPOSTABLE SINGLE USE SERVICEWARE BY COMMERCIAL OPERATIONS LOCATED IN PUBLIC BUILDINGS AND FACILITIES OWNED, OPERATED, OR LEASED BY THE CITY OF ATLANTA; TO AUTHORIZE THE CHIEF RESILIENCE OFFICER OR THEIR DESIGNEE TO PROMULGATE ADMINISTRATIVE REGULATIONS TO EFFECTUATE THE PURPOSES OF THIS ORDINANCE; TO EXEMPT DISPOSABLE FLEXIBLE PLASTIC DRINKING STRAWS FROM THE PROHIBITIONS CONTAINED IN THIS ORDINANCE, SUCH THAT THEY SHALL BE MADE AVAILABLE ALONGSIDE OF AND IN ADDITION TO COMPOSTABLE STRAWS FOR USE BY PERSONS FOR WHOM THEY ARE NEEDED DUE TO MEDICAL OR PHYSICAL CONDITIONS AND FOR WHOM FLEXIBLE COMPOSTABLE PAPER STRAWS ARE UNSUITABLE; AND FOR OTHER PURPOSES.

Information

Department:Council District 2Sponsors:Councilmember, District 2 Amir R Farokhi, Councilmember, District 10 Andrea L. Boone, Councilmember, District 12 Joyce M Sheperd, Councilmember, Post 1 At Large Michael Julian Bond, Councilmember, District 11 Marci Collier Overstreet, Councilmember, District 6 Jennifer N. Ide, Councilmember, Post 2 At Large Matt Westmoreland, Councilmember, District 9 Dustin Hillis, Councilmember, District 3 Antonio Brown, Councilmember, District 1 Carla Smith, Councilmember, Post 3 At Large Andre Dickens, Councilmember, District 8 J. P. Matzigkeit
Category:Personal Paper

Item Discussion

(Favorable on Substitute by City Utilities Committee 11/26/19; this item will be heard in Committee of the Whole at the 12/2/19 Full Council meeting.)

Body

WHEREAS, the City of Atlanta has an interest in maintaining the health, safety and welfare of its residents and visitors; and

 

WHEREAS, the Mayor, her administration, and City Council remain steadfast in their pursuit of a greener, more sustainable Atlanta to achieve these aims; and

 

WHEREAS, the City has thus been unwavering in its commitment to recycling programs and other waste diversion initiatives such as composting; and

 

WHEREAS, pursuant to Section 1-102(c)(4) of the City of Atlanta’s Charter, the City of Atlanta has the power to make appropriations and to authorize the expenditure of money for the support of the government of the city; and

 

WHEREAS, in accordance with this power, Chapter 2, Article X sets forth the law governing the purchase of goods and supplies for the use by the City of Atlanta; and 

 

WHEREAS, pursuant to Section 1-102(c)(14) of the City of Atlanta’s Charter, the City of Atlanta has the power to operate, maintain, regulate, control, parks, public buildings, airports, and other facilities, including the regulation of the use thereof, (See 1996 Ga. L. (Act No. 1019)); and  

 

WHEREAS, in exercise of this power, the City of Atlanta regulates the use and operations of Atlanta Hartsfield-Jackson International Airport, City of Atlanta buildings and facilities, and City of Atlanta Parks in via its Code of Ordinances; and

 

WHEREAS, in further exercise of this power, and in accordance with the City of Atlanta’s commitment to environmental, economic, and social stewardship the City of Atlanta has declared it to be its policy to integrate resilient and/or sustainable practices into the operations of all city facilities to the fullest extent possible, City Code §§ 75-1; 75-16 and

 

WHEREAS, pollution resulting from non-compostable single-use serviceware is responsible for environmental harm, including damage to groundwater, wildlife, landscapes, rivers and oceans as well as harm to human health; and

 

WHEREAS, according to studies cited by the U.S. Environmental Protection Agency, single-use plastic bags, plastic straws and Polystyrene also referred to as Styrofoam or #6plastics contribute to landfill capacity problems; and

 

WHEREAS, the City of Atlanta is committed to the further development of recycling programs and initiatives, having consistently encouraged residents, visitors, employees and businesses to recycle through many citywide initiatives, including the City’s CARTLANTA, residential recycling and internal recycling programs; and

 

WHEREAS, the City of Atlanta is authorized under its Charter and Code of Ordinances to prohibit the use of non-compostable single use serviceware, (plastic bags, serviceware, plastic straws, polystyrene and all non-compliant products), by City of Atlanta operations, by commercial operations located in public buildings and public facilities owned or operated by the City of Atlanta, and in Hartsfield-Jackson Atlanta International Airport (HJAIA);

 

WHEREAS, in support of the City of Atlanta’s continued efforts to serve as a model in the protection of our environment, and in its ongoing effort to reduce, reuse and recycle, the City of Atlanta desires to prohibit the use of non-compostable single use serviceware, (plastic bags, serviceware plastic straws, and polystyrene), by City of Atlanta operations, by tenants, commercial operators, and concessionaires located in public buildings and public facilities owned or operated by the City of Atlanta, and in Hartsfield-Jackson Atlanta International Airport;

 

WHEREAS, the City of Atlanta has no desire to cause persons with disabilities to face increased barriers to their ability to eat and drink freely at eating establishments, and in acknowledgement that absolute bans on disposable flexible plastic drinking straws create additional labor, hurdles, and difficulties; and

 

WHEREAS, accordingly it is the desire of the City of Atlanta to exempt disposable flexible plastic drinking straws from the prohibitions contained in this ordinance such that they shall be made available alongside of and in addition to compostable straws for use by persons for whom they are needed due to medical or physical conditions and for whom flexible compostable paper straws are unsuitable; and

 

WHEREAS, it is the desire of the City of Atlanta to authorize the Chief Resilience Officer or their designee to promulgate administrative regulations to effectuate the proscriptions contained in this ordinance; and

 

WHEREAS, this bill is the product of months of hard work by members of Council, the Mayor, and her administration and is a notable achievement in cooperative governance.

 

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS, as follows:

 

SECTION 1: That Chapter 2, Article X, Division 1, of the City of Atlanta Code of Ordinances be amended to add a new Section 2-1115 which shall read as follows:

 

Sec. 2-1115. - Purchase of Non-Compostable Single-Use Serviceware Prohibited.

 

(a)              No non-compostable single-use serviceware may be bought, purchased or otherwise acquired for use by any Using agency in accordance with this Article.

 

(b)              For purposes of this section, non-compostable single-use serviceware shall mean plastic bags, plastic straws, polystyrene items.

 

(c)              Disposable flexible plastic drinking straws shall be exempt from the prohibition contained in this section and shall be bought, purchased or otherwise acquired in addition to the buying, purchase or acquisition of compostable straws, such that disposable flexible plastic drinking straws shall be available for use by persons for whom they are needed due to medical or physical conditions and for whom flexible compostable paper straws are unsuitable.

 

(d)              The Chief Resilience Officer or their designee shall have the authority to promulgate administrative regulations to inform the Chief Procurement Officer’s effectuation of this section. Such administrative regulations shall include specific descriptions of the non-compostable single-use serviceware which are the subject of the prohibition contained in this section.

 

SECTION 2:  That Chapter 22, Article III, Division 3, Subdivision II, (Tenants and Lessees), of the City of Atlanta Code of Ordinances be amended to add a new Section 22-136, which shall read as follows:

 

Sec. 22-136 - Use of Non-Compostable Single-Use Serviceware Prohibited.

 

(a)              No tenant or lessee at the domestic or international terminals or associated concourses at Hartsfield-Jackson Atlanta International Airport shall make available to the public any non-compostable single-use serviceware in such facilities. 

 

(b)              For purposes of this section, non-compostable single-use serviceware shall mean plastic bags, plastic straws, and polystyrene items.

 

(c)              Disposable flexible plastic drinking straws shall be exempt from the prohibition contained in this section and shall be made available in addition to compostable straws for use by persons for whom they are needed due to medical or physical conditions and for whom flexible compostable paper straws are unsuitable.

 

(d)              The Chief Resilience Officer or their designee shall have the authority to promulgate administrative regulations to effectuate this section. Such administrative regulations shall include specific descriptions of the non-compostable single-use serviceware which are the subject of the prohibition contained in this section.

 

(e)              Nothing in this section shall be construed to apply prohibitions contained herein to the holders of licenses or permits issued by the City of Atlanta pursuant to its interest in regulating certain activities through the lawful exercise of its police powers

 

 

SECTION 3That Chapter 75 of the City of Atlanta Code of Ordinances be amended to add a new Section 75-27, which shall read as follows:

 

Sec. 75-27 - Use of Non-Compostable Single-Use Serviceware Prohibited.

 

(a)              No commercial operation located in a public building or public facility owned or operated by the City of Atlanta, pursuant to a lease or contractual agreement, shall make available to the public any non-compostable single use serviceware. 

 

(b)              For purposes of this section, non-compostable single-use serviceware shall mean plastic bags, plastic straws, and polystyrene items.

 

(c)              Disposable flexible plastic drinking straws shall be exempt from the prohibition contained in this section and shall be made available in addition to compostable straws for use by persons for whom they are needed due to medical or physical conditions and for whom flexible compostable paper straws are unsuitable.

 

(d)              The Chief Resilience Officer or their designee shall have the authority to promulgate administrative regulations to effectuate this section. Such administrative regulations shall include specific descriptions of the non-compostable single-use plastic serviceware which are the subject of the prohibition contained in section.

 

(e)              Nothing in this section shall be construed to apply prohibitions contained herein to the holders of licenses or permits issued by the City of Atlanta pursuant to its interest in regulating certain activities through the lawful exercise of its police powers

 

SECTION 4: That the amendments reflected in this Ordinance shall become effective on or before December 31, 2020.

 

SECTION 5: Notwithstanding the effective date contained in Section 4 of this Ordinance, any contractual agreements or leases in effect on the effective date of this Ordinance shall be exempt from the requirement promulgated via the amendments reflected in this Ordinance.  Any contractual agreements and leases in effect on the effective date of this Ordinance shall remain exempt from the requirements promulgated via the amendments reflected in this Ordinance, through the conclusion of the terms and any renewal terms thereof. 

 

SECTION 6: That all ordinances or parts thereof in conflict with this ordinance are hereby waived to the extent of the conflict.

 

SECTION 7:  That the Municipal Clerk is instructed to retain all legislative history references in the codified versions of Chapter 2, Chapter 22 and Chapter 75, including Editor’s notes, and shall not delete any such references, but shall amend them to include references to this ordinance.             

_____________________

 

 

Meeting History

Aug 5, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO TRANSPORTATION COMMITTEE AND FINANCE/EXECUTIVE COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Aug 13, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Aug 14, 2019 10:50 AM Video Transportation Committee Regular Committee Meeting
draft Draft
Aug 19, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Aug 27, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Aug 28, 2019 10:30 AM Video Transportation Committee Regular Committee Meeting
draft Draft

No Action Required. This item is being held in the City Utilities Committee.

Sep 3, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 10, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 11, 2019 10:30 AM Video Transportation Committee Regular Committee Meeting
draft Draft

No Action Required. This legislation is being held in City Utilities Committee.

Sep 16, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 24, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 25, 2019 10:30 AM Video Transportation Committee Regular Committee Meeting
draft Draft

No Action Required. This legislation is being held in City Utilities Committee.

Oct 7, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 15, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 16, 2019 10:30 AM Video Transportation Committee Regular Committee Meeting
draft Draft

No Action Required. This item is being held in City Utilities Committee.

Oct 21, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 29, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Oct 30, 2019 10:30 AM Video Transportation Committee Regular Committee Meeting
draft Draft

No Action Required. This item is being held in City Utilities Committee.

Nov 4, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 12, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Nov 13, 2019 10:30 AM Video Transportation Committee Regular Committee Meeting
draft Draft

No Action Required. This legislation is being held in City Utilities Committee.

Nov 18, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO CITY UTILITIES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 25, 2019 10:30 AM Video Transportation Committee Regular Committee Meeting
draft Draft
Nov 26, 2019 9:30 AM Video City Utilities Committee Regular Committee Meeting
draft Draft

Councilmember Amir R. Farokhi

Kanika Greenlee, DPW

RESULT:FAVORABLE ON SUBSTITUTE [UNANIMOUS]
MOVER:Carla Smith, District 1
SECONDER:Dustin Hillis, District 9
AYES:J. P. Matzigkeit, Michael Julian Bond, Joyce M Sheperd, Howard Shook, Carla Smith, Cleta Winslow, Dustin Hillis
Dec 2, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

In Committee of the Whole, Council Member Farokhi made a Motion to Amend Ordinance 19-O-1418 by the following changes: (1) Corrects the City Code Section in the caption from 74 to 75. (2) In Section 1, Section 2-1115 (b), the phrase "and all items distributed by concessionaires/food service providers" will be struck & (3) In Section 2, under Section 22-136(b) and in Section 3, under Section 75-27(b), "such as" shall be replaced with "shall mean." It was Seconded by Council Member Smith and the Motion CARRIED by a roll call vote of 15 yeas; 0 nays. Following, Mr. Farokhi made a Motion to Approve as Amended. It was Seconded by Council Member Smith and CARRIED by a roll call vote of 15 yeas; 0 nays. During Regular Session, the Motion to Adopt as Amended CARRIED by a roll call vote of 15 yeas; 0 nays.

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 15 YEAS; 0 NAYS

RESULT:ADOPTED AS AMENDED [UNANIMOUS]
MOVER:Andre Dickens, Councilmember, Post 3 At Large
SECONDER:Matt Westmoreland, Councilmember, Post 2 At Large
AYES:Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Antonio Brown, Cleta Winslow, Natalyn Mosby Archibong, Jennifer N. Ide, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Andrea L. Boone, Marci Collier Overstreet, Joyce M Sheperd